E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 108 CONGRESS, FIRST SESSION

Vol. 149 WASHINGTON, TUESDAY, FEBRUARY 4, 2003 No. 20 Senate The Senate met at 4 p.m. and was SCHEDULE EXPRESSING GOOD WISHES called to order by the President pro Mr. BOND. Mr. President, on behalf Mr. BOND. Mr. President, I join with tempore [Mr. STEVENS]. of the majority leader, I announce that my good friend from Nevada in express- The PRESIDENT pro tempore. To- today the Senate will be in a period for ing our good wishes to the distin- day’s prayer will be offered by our morning business from now until 6 guished Senator from Kentucky, as guest Chaplain, Dr. William J. Carl III, p.m., with the time equally divided. well as our good friend, the distin- First Presbyterian Church, Dallas, TX. Senators have requested time to me- guished Senator from Florida, who also morialize and reflect upon the Space has undergone a very serious oper- PRAYER Shuttle Columbia disaster. ation. We are a family and our The guest Chaplain offered the fol- There will be no rollcall votes today thoughts and concerns of those in this lowing prayer: because many of the Senators are in body who have had illnesses are with O God, who made Heaven and Earth, Houston for the memorial service for them. We wish them a very speedy re- we pause in this moment of national the space shuttle crewmembers. An covery. The Senate will be a bit duller grief to remember heroes who have early adjournment this evening is ex- and quieter until they return, but I am gone on before us. We watched a tear pected. confident they will do so soon. streak across Heaven’s face as Colum- I yield to the distinguished assistant f bia’s brave crew gave their lives for us minority leader. all. Into Thy hands we commit their TRIBUTE TO THE SPACE SHUTTLE f spirits as we recommit ourselves to the ‘‘COLUMBIA’’ ASTRONAUTS causes for which they died. WISHES AND HOPE FOR A SPEEDY Mr. BOND. Mr. President, I rise As they reached for the stars, they RECOVERY today with a heavy heart, which was lifted with the inspiring and thoughtful touched pioneer places that gave us Mr. REID. Mr. President, I want the words of our guest Chaplain. I thank glimpses of Heaven and Earth. So we record to reflect my expectation that him for helping us see the greater de- here on Earth release them into Heav- the majority whip will return to work sign, the hope for the future, and the en as we say, ‘‘Well done, good and soon. I was saddened to learn that Sen- good news that we have been given by faithful servants.’’ Recalling the sober ator MITCH MCCONNELL had triple by- the Lord. days of September 11, we realize how pass surgery. We all know the spunk, As did millions of Americans, I spent fragile all our lives are, and yet how re- spirit, and tenacity he has, and I am Saturday watching the dreams of seven silient our Nation can be. When our confident he will return stronger than brave astronauts streak back to Earth lives come apart, You are always there ever from that surgery. in sadness. The sadness we still feel to help us pick up the pieces. On behalf of all Senators, I extend to today, and we will feel for many days, Pick us up now, Lord. Give us cour- MITCH and his lovely wife, the Sec- is because those seven astronauts car- age and hope for the future that lies retary of Labor, Elaine Chao, our best ried our dreams with them. ahead as we continue to be one people, wishes and hope for a speedy recovery. under God, with liberty and justice for That is the wonder and the magic of all. Amen. f our space program. Our astronauts go RESERVATION OF LEADER TIME into space in large part for those of us f who cannot go. Our hearts and our spir- The PRESIDING OFFICER (Mr. PLEDGE OF ALLEGIANCE its are their cargo. We soar and ride CHAFEE). Under the previous order, the with them into a realm that is beyond The President pro tempore led the leadership time is reserved. the grasp of most men but not beyond Pledge of Allegiance, as follows: f the grasp of mankind. I pledge allegiance to the Flag of the Even while we engage in the somber United States of America, and to the Repub- MORNING BUSINESS work of recovering from this terrible lic for which it stands, one nation under God, The PRESIDING OFFICER. Under accident, in recovering the crew and indivisible, with liberty and justice for all. the previous order, there will now be a the Columbia itself, our thoughts have f period for the transaction of morning already returned to the work of ensur- business not to extend beyond the hour ing the safety of the U.S. manned space RECOGNITION OF THE ACTING of 6 p.m., with the time to be equally flight program and of the remaining MAJORITY LEADER divided between the two leaders or shuttles. That is one of the responsibil- The PRESIDENT pro tempore. The their designees. ities entrusted to us with the funding acting majority leader is recognized. The Senator from Missouri. and oversight of the space agency.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor.

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VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A04FE6.000 S04PT1 S1848 CONGRESSIONAL RECORD — SENATE February 4, 2003 Shuttle safety is not a new issue to flected in our reports. It is all in the be able to bring them home in com- those of us on the Appropriations Com- public record. I know NASA has always plete safety. mittee—or the authorizing com- placed the safety of our astronauts as The administration is moving for- mittee—which funds the space agency its highest priority, we have an obliga- ward with two commissions to under- and its operations. It is our job—my tion to ensure that the analysis of safe- stand what happened, and to make sure wonderful friend, the Senator from ty, no matter what the cost, is fully it does not happen again. In addition, I Maryland, Ms. MIKULSKI, and me—to disclosed, understood, and addressed. believe it is appropriate to hold a hear- ensure we know and understand each We have labored to do so in the past ing in the appropriations sub- crucial element of the budget that and will continue to do so in the fu- committee on shuttle funding upgrades safeguards the lives of our brave astro- ture. and safety needs. This is too important nauts. We recognize that Congress, NASA, an issue not to receive the full atten- Whether during my service as chair- and the administration have to live tion of the Senate. I assure my col- man or under the leadership of my able within a budget. At the same time, we leagues that we will work to provide colleague from Maryland, the direction cannot allow a budget to force our whatever funding is necessary to meet of the VA–HUD and Independent Agen- hand on safety decisions. We have not the immediate needs of the space agen- cies Appropriations Subcommittee has done so, nor will we. I do not believe cy through the remaining months of been consistent throughout. Space NASA has done so, nor this, nor the the fiscal year. shuttle safety is paramount. previous administration. Nevertheless, We are currently waiting to hear I am proud the subcommittee I cur- our concerns on VA–HUD appropria- back from NASA at this moment, and rently chair has consistently fully tions were heightened by the March clearly we will provide whatever addi- funded NASA’s request for manned 2002 NASA Aerospace Safety Advisory tional funds are necessary for NASA in space flight program safety. Neverthe- Panel Report which stated that the the 2003 supplemental, as appropriate, less, nothing about manned exploration current budget projections for the or even if we receive a request in time of space is or will ever be free of risk. space shuttle were insufficient to ac- in the conference report on the 2003 Manned space flight is, by its very na- commodate significant safety up- measure that is pending. I will convene ture, life threatening. Flying a space grades, infrastructure needs, and the a hearing on safety needs as soon as shuttle is nothing less than hurtling maintenance of critical workforce practicable, as soon as NASA has infor- across the heavens where a slightest skills over the long term. mation for us, understanding full well mistake guarantees instantaneous Our most recent report to the appro- that the immediate needs focus on re- death. priations bill endorsed these concerns covery of the Columbia, the crew, and No matter how successful we are, and as well as the need for additional fund- the twin investigations now underway. no matter how many safe shuttle ing for shuttle safety upgrades. Our At a time of such tragedy, we all launches we have under our belts, we concerns were sufficient to request function as part of a team with a single can never forget the dangers inherent that NASA conduct an assessment of mission, to find out what went wrong, in space travel. We can and should future safety needs in light of the shut- and then to take steps to make sure it never be complacent. tle’s longer than expected operational never happens again. We must and we We have an ironclad social and moral life and use. We need to know more and will leave no stone unturned. There are contract with our astronauts: In return we need to know more now. astronauts who have not yet flown but for their willingness to place them- NASA has already responded with a who will perhaps this year and in 10 selves in jeopardy on behalf of all man- request for additional shuttle upgrades years. They dream of carrying our kind, we in return have an obligation and safety funding over the next few hopes beyond this planet we call home. to provide them with all the resources years. This was the right response, but We must always keep faith with them required for a safe flight. we need to know how much more we and their families. We must honor the While it is our goal to eliminate risk, need to do to ensure that every funding contract that binds us in this great en- to be quite frank, we cannot. We can decision continues to make the lives of deavor. only minimize risk. That is the cruel our astronauts the paramount priority That dream has not died with Colum- reality of manned space flight. Some at NASA. bia and her proud crew. Her dream lives element of risk haunts every mission. Clearly, we had concerns, and those on in the hearts of all of us who look to And in the face of such risks, we still concerns remain. We must work to- the heavens on a quiet night in awe have Americans and international gether to gain greater confidence in and wonder, and we see the Columbia partners willing—yes, anxious—to go. NASA’s budget. still. We mourn for the astronauts and They know the risks. Their families I applaud and have the highest admi- we pray for their families. We shall al- understand they are in harm’s way and ration for NASA Administrator Sean ways remember them, along with the still they dare to live a dream that O’Keefe, who is already working hard Challenger and the Apollo crews. The very few of us can fully appreciate. It on this and many more issues at NASA. courage of all of the astronauts shall is precisely that element of human na- He took over a troubled agency drown- forever inspire our dreams and bright- ture that inspires us to seek challenges ing in cost overruns and out-of-control en our hopes for the future. greater than ourselves. spending on the International Space Manned space exploration is a great To those who question the value of Station program. He stopped the bleed- challenge, a great opportunity. Yes, our space program, I ask them: How ing of huge cost overruns and has there are dangers with it, but fulfilling can you quantify the dreams of mil- righted NASA’s ship through respon- the hopes and the dreams of those who lions of children here and across the sible program management. I look for- have gone before is our great oppor- world? How can you quantify the spirit ward, as do, I am sure, the rest of the tunity and our obligation. of discovery? What value should we Members of this body, to continuing to I yield the floor. place on our quest to understand our work with Administrator O’Keefe in The PRESIDING OFFICER. The place in the universe? our efforts to ensure the safety of our Democratic whip. Those are the questions we must ask shuttle program and the well-being of Mr. REID. Mr. President, I ask unan- ourselves during this period of recov- our astronauts. This will, as always, re- imous consent that the Senator from ery. The weeks and months ahead will main our top priority. California be recognized for up to 15 be filled with questions. So far, we Of course, we must find out what minutes after I complete my remarks. have too few answers. happened to the Columbia, fix the prob- The PRESIDING OFFICER. Without Our questions did not begin with Sat- lem, and move our space program for- objection, it is so ordered. urday’s terrible loss of Columbia. The ward, as the deputy administrator for Mr. REID. Mr. President, before my subcommittee has had continuing con- space so eloquently stated on Satur- friend from Missouri leaves the Cham- cerns about whether the budget re- day. But this is not a simple issue. We ber, I say to him that the work he and quests from NASA accurately reflect have three international astronauts on Senator MIKULSKI have done on the ap- the full safety needs of the space agen- the International Space Station, two propriations subcommittee that deals cy and the shuttle program. It is re- Americans and one Russian. We need to with the funding for the space program

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G04FE6.004 S04PT1 February 4, 2003 CONGRESSIONAL RECORD — SENATE S1849 is exemplary. We have gone through self in many different ways in the skies ented individuals. You will be im- some very tough times. There are defending our country’s interests. He pressed with, and inspired by, the many Senators who have offered was later, of course, a test pilot who range and degree of their accomplish- amendments to do away with the space set a transcontinental speed record, ments. station and defund the space program. and in 1962 he piloted Friendship 7 Nevadans mourn their deaths and ex- I have always been proud of the bipar- spacecraft in the first manned orbital tend our sympathy to all of their fami- tisan relationship that Senator BOND mission of the United States. He rep- lies and loved ones. My colleagues will and Senator MIKULSKI have had in resented Ohio in the U.S. Senate for 25 speak about each of the crew members fighting for the space program. It is a years, and nearing the end of his final we lost, and I will in the future discuss program we have to protect. I know term, he volunteered to return to space more of them, but in my brief remarks there have been editorials saying do at age 77 as part of the shuttle crew today, I especially offer my condo- away with it; it is not worthwhile, but that deployed the Spartan solar-ob- lences on the loss of Columbia’s pilot, I really think it is important for so serving spacecraft. His encore flight al- William McCool, a Navy commander many reasons, not the least of which is lowed us to learn about the aging proc- who was 41 years old. His mother Au- to explore space. ess. drey is a dean at the University of Ne- The second is, I went running this John Glenn was part of that select vada Las Vegas and his father Barry morning. It was raining. It was windy group depicted by writer Tom Wolfe in both teaches part-time at UNLV and is and cold. I had on a very brief wrap, his fascinating book about the early ef- a graduate student there. thin as this piece of paper, but I was forts to explore space. John Glenn in- ‘‘Willie’’, as their son was known to warm. Why? Because it was Goretex. It deed proved he has the right stuff. family and friends, was an outstanding was invented to take people into space. Another of our Senate colleagues, student who maintained a 4.0 grade We have accomplished so much in BILL NELSON, is a veteran of space point average and graduated 2nd in a space that is scientific I think it would travel. He and I served together in the class of over one thousand at the de- be a terrible shame to stop the space House of Representatives when he was manding U.S. Naval Academy. He also programs, and it would not be a legacy chosen to be a crew member on the Co- excelled in sports, especially running, of which this country would be proud. lumbia space shuttle. In 1986, he partici- and was elected captain of the Navy I publicly acknowledge and congratu- pated in a 6-day flight that traveled cross-country team. He was well liked late the Senator from Missouri and the over 2 million miles and orbited the by all. He had a great smile, a ‘‘stun- Senator from Maryland for their exem- earth 96 times. He returned safely just ning personality,’’ is how his class- plary work on the subcommittee. 10 days before the Challenger space mates described CDR McCool. Later, Mr. BOND. Mr. President, if I may, I shuttle crew was killed. after the academy, he received ad- wish to extend sincere thanks to the Senator NELSON has applied his own vanced degrees in computer science Senator from Nevada for his remarks. experience in space to speak passion- and engineering and became an elite Senator MIKULSKI is and has been one ately about the value of such missions. pilot. He had more than 400 carrier of the foremost champions of NASA In the wake of the Columbia shuttle landings. Perhaps the most difficult and its mission. She is in Houston tragedy, it is important that we under- test for any pilot is landing on those today. I am sure we will hear from her. stand the significance of the shuttle carriers as they bob up and down in the It is her ongoing and strong commit- voyages and America’s entire space ocean. His parents were proud of him. ment to space shuttle safety that in- program. He was inspired by his parents. spires and leads all of us, and I thank Sending men and women into space Willie’s father, Barry, was a Navy the distinguished assistant minority further our understanding of the mys- and Marine pilot, a veteran of Viet- leader for his words. teries of the universe, and reveals an- nam. They built model airplanes to- Mr. REID. Mr. President, I join my swers to some eternal and profound gether when CDR McCool was a boy. colleagues in remembering the seven questions about the cosmos and the These childhood experiences influenced astronauts who perished on the Colum- heavens above. In addition, space ex- Willie to pursue aviation and serve his bia Space Shuttle. Nevadans and all ploration improves our everyday lives country, as he did so well. His example Americans, along with the people of on Earth in ways both big and small was set his by father. Barry McCool India, Israel, and all over the world, because the insight we gain has impor- will now serve on the team inves- mourn their loss, marvel at their cour- tant applications for our health, envi- tigating the disaster that claimed his age, and take pride in their accom- ronment, safety, comfort and son’s life and the other six Columbia as- plishments. Our country’s space pro- wellbeing. tronauts. gram has made remarkable success, The Columbia shuttle mission was de- Willie had more than 2,800 hours of but many people often overlook the in- voted strictly to onboard science, with flight experience. He reacted to his genuity, intelligence, and inspiration no spacewalks or space station visits journey into space with awe and that made this success possible. They involved. More than 80 experiments amazement. He said: It’s beyond imagi- take for granted the enormous dif- were conducted during the 16-day nation until you actually get it and see ficulty involved in the extraordinary flight, including a study of how zero- it and experience it and feel it . . . I achievement, asking: If we can put a gravity affected low-level combustion have had the opportunity to be on the man on the moon, why can’t we solve that might have helped reduce auto- flight deck probably more than most of other problems to overcome other chal- mobile pollution, observations of the my crew mates, to look outside and lenges? sun that could teach us more about really soak up the sunrises, the sun- The moon landing was a great tech- global climate change, research into sets, the moonrises and the moonsets, nological and engineering achieve- water conservation and reuse, and med- the views of the Himalayas. ment. That event and subsequent space ical research intended to fight cancer. For someone who appreciated nature travel testify to American determina- So space travel is important to and spending time outdoors hiking and tion, know-how, and our can-do spirit. Americans and has benefits for all of us camping, it must have been such a joy But sadly, as the Columbia shuttle trag- on Earth. I will continue to be a strong to witness the Earth from the heavens edy reminds us, space travel remains supporter of our space program. where Willie now resides. My thoughts difficult and extremely dangerous. The Certainly, we must investigate what and prayers are with CDR McCool’s brave men and women who embark on caused the Columbia’s demise—and we parents, with his wife, his three sons, journeys into the skies are pioneers. must ask difficult questions and get all and all of his loved ones. One of the original explorers of outer the answers in order to improve the Let me also note that David Brown, a space is our former colleague in the safety of future astronaut heroes—but Navy captain, aviator, and flight sur- Senate, John Glenn. He is a true pa- now is a time to remember the lives of geon, who was also lost aboard the triot who served our great Nation so wonderful crew and to grieve. flight Columbia, was an instructor at well in so many capacities. He was a I encourage everyone to read the Fallon Naval Air Station in Nevada, fighter pilot in World War II, a fighter newspaper articles about this diverse the premier tactical air warfare train- pilot in Korea, who distinguished him- team of courageous, dedicated and tal- ing facility.

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G04FE6.006 S04PT1 S1850 CONGRESSIONAL RECORD — SENATE February 4, 2003 Even after the loss of their children NASA assignment capped a distin- Commerce Committee, which has over- in the Columbia shuttle tragedy, the guished Navy career as a test pilot, sight over NASA, I will be asking many mothers of both these crewmembers avionics researcher, and administra- questions in the weeks ahead. Could want the space program to continue. tive and operations officer. the Columbia disaster have been pre- Dorothy Brown said in an interview: Dr. Kalpana Chawla lived and worked vented? We know that space travel can- We’re a nation of explorers. That’s why in California from 1988 to 1994. After 4 not be completely foolproof, but are this great Nation has come to what it years at the Ames Research Center there steps that could have been taken is, and the space program will go on, near Sunnyvale, she joined Overset to prevent this weekend’s tragedy? Was too, for that reason. Audrey McCool, Methods, Inc., of Los Altos, as vice the shuttle program compromised by CDR McCool’s mother said: We’re very president and research scientist. There budget cuts and cost-cutting? distressed, but we want the space mis- she formed and headed a research team I support a strong space program, but sions to go on. that made important advances in com- you can’t do it on the cheap. Were safe- What strong women these grieving putational field dynamics, particularly ty warnings ignored or, worse yet, sup- mothers are. We can surely be inspired in streamlining the flow of air over ve- pressed? Were members of NASA’s safe- by them, as well as their sons and the hicles during launch. ty advisory board removed after rais- entire Columbia crew. Like Willie McCool, Kalpana Chawla ing these questions? I am reminded of a poem that came had character traits that are often as- Yesterday, the New York Times re- about as a result of a revolution in Ire- sociated with California such as a great ported that five members of NASA’s land. The poem that came from that I sense of adventure and a desire to Aerospace Safety Advisory Panel—that have on my desk. I read to the Senate stretch the boundaries in her case of is more than half the panel—were dis- today ‘‘The Mother.’’ traditional women’s work—and she did. missed shortly after warning about I do not grudge them: Lord, I do not grudge Rick Husband, Columbia’s com- safety problems. And a sixth member My two strong sons that I have seen go out mander, served as an instructor pilot of the panel was so disgusted with the To break their strength and die, they and a and academic instructor at George Air dismissals that he quit. There are alle- few, Force Base in California and attended gations that these panelists were re- In bloody protest for a glorious thing. test pilot school at Edwards Air Force moved as a result of their critical They shall be spoken of among their people, Base in California. Working through a statements about safety problems. We The generations shall remember them, college extension program at Edwards, need to get to the bottom of this mat- And call them blessed; The little names that were familiar once he then earned a master’s degree in ter. I have written to Senator MCCAIN Round my dead hearth. mechanical engineering from Cali- and Senator HOLLINGS, the chair and Lord, thou art hard on mothers: fornia State University at Fresno in ranking member of the Commerce We suffer in their coming and their going: 1990. In November 2002, citing his role Committee on which I serve. I have And tho’ I grudge them not, I weary, weary as astronaut and mission commander, asked them to invite the members of Of the long sorrow—And yet I have my joy: the Fresno State Alumni Association the safety advisory panel, many of My sons were faithful, and they fought. honored Colonel Husband at its Top whom were fired, one of whom quit, to The PRESIDING OFFICER. The Sen- Dog Alumni Awards ceremony. A proud give their testimony. ator from California. Fresno State alumnus, he wore his red I also asked that Senator John Glenn Mrs. BOXER. I ask unanimous con- Bulldog sweatshirt in space aboard Co- be invited. He is a major supporter of sent immediately following my re- lumbia. the space program and he really has marks, Senator ENZI be recognized for The people of my State are proud of important things to say. I spoke with 8 minutes, and Senator LEAHY for 10 our connection to these three astro- him. I don’t even want to quote what minutes after Senator ENZI. nauts. We honor their memory, along he said because I think he knows so The PRESIDING OFFICER. Without with that of their crewmates, Michael much and should say it in his own way, objection, it is so ordered. Anderson, David Brown, Laurel Clark, as to what we need to do here. As a Mrs. BOXER. Mr. President, I rise on and Ilan Ramon. We know, of course, former Senator and as an astronaut, he behalf of the people of my State, Cali- since we did have an Israeli on board, brings an incredible expertise to the fornia, who have very strong ties to the this has become an international trag- table. I know he has the respect of all space program and the shuttle pro- edy. We send our condolences to the my colleagues on both sides of the gram. Today I pay tribute to the seven family of Astronaut Ramon and to the aisle. astronauts who lost their lives in the Government of Israel. Let me say there is one thing that is Columbia disaster. Our Nation and the I stated how proud my people at not an issue in my mind and that is the world deeply mourn their loss. These home are of our connection, not only future of the manned space program. I seven brave explorers—Rick Husband, to these astronauts but to the shuttle strongly support that. But now is the William McCool, Michael Anderson, program. California was the birthplace time to use this moment to examine Kalpana Chawla, David Brown, Laurel of the shuttle. All were built in Cali- the future of space exploration. For ex- Clark, and Ilan Ramon—gave their fornia, in Palmdale. The Jet Propul- ample, what is the future role of the lives to extend the frontiers of science. sion Lab in Pasadena was instrumental space shuttle? Are the existing shuttles With their mission accomplished, the in development of the shuttle, and sufficient to carry out the mission? Are shuttle and its crew were returning to most years, shuttle missions ended they in good enough condition—excel- Earth in triumph. So near to landing, with landings at Edwards Air Force lent condition, perfect condition—to yet so far. As we all know, the flight Base. carry those men and women in the fu- ended in tragedy. So this has hit home to us. We shall ture? What is the role of the Inter- We know that we gained valuable forever honor and remember these national Space Station? Is too great a new knowledge and understanding of seven heroes, as we build on their ac- share of our limited resources being space from this mission, from Columbia. complishments and carry on their im- spent on the space station? Is too much But we have lost something that is portant work. May God bless their money on the space station being spent truly priceless, the lives of seven out- memories and comfort their families on maintenance rather than scientific standing men and women who had and colleagues and inspire future ex- experiments? worlds left to conquer. As we look at plorers with the courage to follow in I have read that the astronauts are their faces, our best and our brightest, their footsteps. saying they are scientists and they are we grieve for their families. As we honor these courageous men spending 80 percent of their time on I wish to say a few words about three and women, we must also begin the the platform, on the space station, of the astronauts who had special con- task of finding the answers—answers to keeping house, doing maintenance on nections with my home State of Cali- the hard questions why and how do we the space station rather than the ex- fornia. prevent these happenings—questions periments they really want to do. William McCool, pilot of the Colum- about the cause of this tragedy and What about a possible manned mis- bia, was born in San Diego, where he also about the future of space explo- sion to Mars, which seems to have dis- spent much of his first 15 years. His ration. As a member of the Senate appeared from anyone’s agenda? Most

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G04FE6.008 S04PT1 February 4, 2003 CONGRESSIONAL RECORD — SENATE S1851 fundamentally, how do we recommit commitment, as I am sure it does your watch it as the miracle of television ourselves to a space program that cap- commitment, Mr. President, that we brought the wonders of space flight to tures the imagination of America, and must protect this planet—the air, the our homes and our schools. what would this take in terms of fund- water, the forests, and the wetlands. Competition was with the Russians. ing its goals? They are a gift from God. But now there is cooperation with the So we need to ask all these questions In memory of those who lost their Russians in space and with the space and we need to get the answers. We lives this weekend, we will continue to station. have to work together, across party explore and we will continue to reach Our efforts to explore space and the lines, to come up with this vision. for the stars. We should do no less. continuing impact of seeing it all live Whatever we come up with, it needs to Thank you very much, Mr. President. on television made for a powerful pair be funded, funded in a way so safety I yield the floor. as we heard the words of John F. Ken- will never be at issue; we will know The PRESIDING OFFICER. Under nedy as he challenged the Nation to that we have done every single thing the previous order, the Senator from land a man on the moon. His vision led we could possibly do. Wyoming is recognized. us onward and upward. And it wasn’t The family of Columbia’s crew has Mr. ENZI. Thank you, Mr. President. all that long afterwards that my wife said, ‘‘the bold exploration of space I thank the Senator from California for and I—newlyweds—felt a personal must go on.’’ I fully agree with them. the challenges which she placed before stake in what we saw on the television But it sits on our shoulders, those of us us as well as the memories to which before us. We sat spellbound as we here who are called upon to fund this she spoke. watched Neil Armstrong take his one program, to make sure we are funding Today, here in the Senate and the small step on the Moon that meant so it in the right way; that we are not House, in Houston, TX, all across the much for all mankind. wasting dollars but that the dollars are country, and in places throughout the Neil Armstrong was part of a long going to ensure that the program’s world, people of all faiths and from all line of astronauts who braved the odds goals are met; that there are clear walks of life will take a moment to re- to do the impossible as, together as a goals; and that safety comes first. member the tragic loss of the crew of nation, we reached for greatness. Over Over the past two decades, shuttle the Space Shuttle Columbia this past the years, there had been disappoint- crews have carried out scores of experi- weekend. As we do, we will put aside ments, failures and tragedies, but with ments in space that have helped to ad- our differences and come together as a each success we felt like we had a grip vance science on Earth. For example, family to remember those who were on the process and that the odds would they have studied the effects of gravity lost and the great cause for which they be forever in our favor. on humans, animals, and plants. They gave their lives. Somewhere along the way in the have tracked the movement of fault For me, the story of this past week- years that passed, we forgot that space lines on the Earth’s crust, something end’s events begins when I was growing is a cold, unfriendly place and that very important to many of our States, up—a Boy Scout who was fascinated by space flight brings with it great risks particularly mine. They have gauged rockets and rocketry. That interest and dangers as well as great rewards. the impact of typhoons and other continued to show itself as I became a We forgot the lesson learned from the storms. They have measured changes of young man who was fascinated by the early days of the space program—that forest cover in remote areas of Alaska two latest creations of the day—tele- when we dream great dreams and and Canada. And they have helped ar- vision and the start of our space pro- achieve great successes, we are also chaeologists locate the long lost city of gram. As science worked to develop the courting great danger. Umar, a 4,000-year-old settlement on tools we would need to explore outer We think of the shuttle as an air- the Arabian peninsula. space, television gave us all a front row plane. And we know how safe airplanes Many shuttle missions have included seat so we would see what was hap- are. That danger was brought painfully medical researchers who used the envi- pening. home when we launched the Space ronment of space to further their un- Back then, the early successes in Shuttle Challenger. derstanding of cell growth, human me- rocketry—mostly by Russia—fired our All at once and without warning, the tabolism, and a variety of diseases. imaginations and steeled our will to reliable space machine we had come to We have much to be proud of in these win the race to reach the heavens. It trust and take for granted blew up and days as we mourn. was only natural for me and the people disintegrated before our eyes. I will join Chairman MCCAIN and the of Wyoming to feel so moved. After all, I remember that day so well because other members of the Commerce Com- we were the products of the pioneer it was the day we were to send our first mittee in seeking to determine the spirit. Our ancestors had left the com- educator into space, Christa McAuliffe. cause of the Columbia disaster and out- forts of the East behind and headed In schools all over the country, chil- lining the steps we must take to avoid West looking for a new life and to ex- dren and their teachers watched its recurrence. At the same time, I will plore what was then the new frontier. excitedly as a school teacher prepared work to define the goals and the mis- They were pioneers. to make her voyage into space. When it sion of the space program and make As television became a more common ended in tragedy, a lot of fathers and sure the funding is there for accom- addition to our homes, it brought the mothers sat down that night with their plishing the mission in the safest pos- next new frontier—space—into our children to talk about what they had sible way. very living rooms. Each day we could seen at school that day. They got a lot In closing, I can’t help but remark see the latest events of the day that of tough questions from little children that their faces—those beautiful were happening around the world with sad eyes who wondered why these faces—will stay with me for a long beamed right into our living rooms. We things have to happen. time, and that they represent the hope watched in fascination as things that Mothers and fathers have no answers and the promise of our future. were happening miles and miles away for those questions and they can only Mr. President, as you sit with me on were seen right in the comfort of our say that sometimes bad things happen the Foreign Relations Committee, I own homes. For me, the stars of the to good people. They can only hug and know all of our Members on both sides sky came in second place in impor- hold and remind their little ones that are very concerned that we protect the tance only to the stars of the space there is a God and somehow He works lives of not only our young people but program. Me and all of my friends, es- all things for His good. Someday we young people all over the world, and pecially those who had been in the may know what that good is. But for that we will find a way to do that Scouts, wanted to be just like them. now, all we can do is trust and hope which makes sense for our stronger Na- I still remember the days when we and pray. tion. would go to a local field and work on Now we have felt that pain for a sec- We are reminded when we read what our own experiments in rocketry. ond time. The first brought us an the astronauts say every time a dif- Then, as we grew older, when a new awareness of the risks we take in ex- ferent astronaut goes up: what a fragile flight was announced by NASA, we ploring the unknown. It reminded us planet we live on. It always renews my would grab the first chance we had to that despite the best of planning and

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G04FE6.013 S04PT1 S1852 CONGRESSIONAL RECORD — SENATE February 4, 2003 preparation sometimes things happen throughout the State of Vermont this teachers, their classmates, and their that we could never have possibly pre- past weekend while I was home— fellow astronauts tell of the barriers pared for. Now we watch these events whether it was people who stopped me they had to overcome in their lives and unfold for a second time with a dif- in a grocery store and just wanted to the almost superhuman rise above ferent sense—and from a different per- reach out and touch somebody—per- senseless bias and discrimination. They spective. We remember the risks of haps we would embrace for a moment— will be missed, but they will continue space flight. But, as we mourn those or whether it was coming out of mass to stand as models. I hope we will con- who were lost, we renew our feeling of on Sunday at the church, where the tinue to read of their stories because determination and our resolve to suc- same thing occurred—the people have they are role models for us here in the ceed no matter the odds or the obsta- felt such sorrow and shock. There is no United States, but also for those in cles to be overcome. other way you could express yourself. Israel, as with COL Ramon, and for The crews of the Challenger and the Those of us who have grown up seeing those in India, and really for everyone Columbia—those modern day pioneers— the space program have seen so many across the globe. will be forever linked in our minds, of the triumphs. I still remember our Someone said: This is such a public tied together by the same terrible help- own colleague, Senator John Glenn, a tragedy. But that is the way the space lessness we felt as we watched both man I was elected with in the same program has been. We have shown pub- tragedies unfold. Each time we year, in his amazing orbit of the Earth. licly our triumphs, and we have shown searched for answers that we knew Then later, when he was well into his publicly our disasters. We have shown would never come. In the end, each 70s, he had another trip as an astro- the fears and the overwhelming thrills time we found ourselves more deter- naut. We saw that too. We saw man’s over the years. mined than ever before to move ahead, first steps on the moon, of which every I close with this, Mr. President: To and to continue the exploration of one of us remembers exactly where we remind everybody we are at the bicen- space that must never end. And, in the were when that occurred. We also re- tennial of the congressional authoriza- end, that is the important lesson we member exactly where we were when tion for the Lewis and Clark explo- will take with us. We may experience the Challenger was destroyed. And I ration of the West, when President defeat, but we will never be defeated. suspect we will always remember ex- Thomas Jefferson said: Go forth to ex- In this and all we pursue in life, we will actly where we were when we got the plore the West and our boundaries. And ultimately succeed as long as we hold news about the Columbia space shuttle. the Congress said to go forth. Lewis and Clark knew no frontiers. true to our dreams and follow our star. Today we are so connected automati- And the success is far-reaching. I cally, with live television, radio, and They did not know what they would find. And these astronauts knew no have a heart repair that would not friends and neighbors calling us when frontiers. We Americans have never have been possible without the space something such as this happens, a trag- known frontiers. program. Science moves on, stimulated edy which unites not only the whole So we will find the cause of Colum- country but the whole world. Every- by the unknown and represented by bia’s loss. We will fix it. The shuttle space. body seems to know it almost imme- program will continue. The manned When the crew of the Challenger died, diately. space program will move forward. We President Reagan comforted the Na- So, as so many other Senators, I rise will return to space. It is our destiny, to pay tribute to the seven astronauts tion with the words that the crew that I believe. And there, in the spirit of the who lost their lives in the Columbia had slipped the surly bonds of Earth seven, we will again invest our knowl- tragedy last Saturday morning. Here had reached out and touched the face edge and resources to learn about our of God. This past weekend, President was this magnificent space vessel, with origins, our daily lives, and, maybe, Bush assured us that the ‘‘God who these seven wonderful, exemplary catch a glimpse of the future. names the stars also knows the names human beings, streaking across the sky I see my friend from Oregon in the of the seven souls we mourn today.’’ dozens of miles above the Earth at Chamber. I yield the floor. Then and now, both crews left us eight times the speed of sound; and The PRESIDING OFFICER (Mrs. with our eyes gazing toward the skies then, suddenly, Columbia disintegrated. DOLE). The Senator from Oregon. and the heavens above, hopeful and A clergyman in Florida aptly de- Mr. SMITH. Madam President, I ex- prayerful that if they had to leave us, scribed the fiery contrails we watched press admiration for Senator LEAHY’s they had done so in pursuit of a better repeatedly on Saturday as: ‘‘a glis- words and for the contribution that place as they returned, not to Earth, tening tear across the face of the heav- many of our colleagues will make in but to their home in God’s holy heav- ens.’’ There is nothing I could write this Chamber to try to give expression en. that would say it any better. to their own feelings and, more impor- This night, and the next, and for We were and are sad not only because tantly, to the feelings of those who re- many to come, when we go out on our of the loss of these heroes and the side in our respective States. back porch or sit in the backyard and interruption of space exploration, but I am mindful that in each one’s own look up at the stars, we will remember because this tragedy reminds us of way and on one’s own terms, every the Challenger and the Columbia and other astronauts who have paid the ul- American—every Oregonian, suffers their valiant crews. The lights of the timate price. from the Columbia tragedy. All I can do sky will remind us of their indomitable As with every national tragedy, we is reflect on what I feel, but I think spirit and our pledge that as long as rise from the shock and the sadness that in saying what I will today, it is there are stars in the skies, we will through commemoration and persever- similar to what many also feel. never stop reaching out to them to ex- ance. We heard the President of the As an American citizen, as someone plore, to dare and to dream in space United States, who spoke shortly after who is 50 years old, I have always and on Earth. That is our life, our leg- the tragedy, and again eloquently taken particular pride that we are de- acy and our shared vision as Ameri- today, as did others in Texas. The scended from Pilgrims and pioneers. cans. It is what makes us unique, and President tells us—and we know in our We have a history, a heritage, a legacy it is why our nation will always be hearts—we cannot forget these heroes: that stretches from Columbus to Co- known as the land of the free and the Rick Husband, William McCool, Mi- lumbia. We are the children of an Amer- home of the brave. chael Anderson, David Brown, Kalpana ican spirit that believes in discovery, I yield the floor. Chawla, Laurel Blair Salton Clark, and in development, in pioneering new The PRESIDING OFFICER. Under Ilan Ramon. Each represented a special ways, and exploring new frontiers. the previous order, the Senator from kind of intelligence, dedication and en- I remember, as a young boy, the ex- Vermont is recognized. ergy we should all aspire to, and cer- perience of hearing about the Russian Mr. LEAHY. Mr. President, as I lis- tainly all young people in this country launch of Sputnik, and seeing the sat- ten to my friend from Wyoming and should aspire to. ellite in the sky as it made its way my friend from California and others Over and over we have read their bi- over the American continent. who are speaking in this Chamber ographies, their stories. We have heard With particular wonder, I remember, today, I am reminded of what I heard their neighbors, their friends, their as an elementary school boy, how

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\A04FE6.007 S04PT1 February 4, 2003 CONGRESSIONAL RECORD — SENATE S1853 Weekly Reader—which was something saw how tragic death loomed for them, Terms such as courage, bravery, and we would always spend time learning I am sure they wondered how they pioneer are not afforded to those who from—began to fill with stories of our could endure time without their loved take no risk and who sit on the side- own space program. one. This monument said: Time is too lines and watch. No, those terms are I remember, like many of my col- slow for those who wait, too swift for reserved for people and nations willing leagues, taking inspiration from the those who fear, too long for those who to take risks in order to learn and ad- leadership of John F. Kennedy chal- grieve, too short for those who rejoice, vance the knowledge of all mankind. lenging us in pursuit of the new fron- but for those who love, time is eter- As President Reagan said, in the face tier and in a man landing on the moon nity. of the loss of the Space Shuttle Chal- and his safe return. I add my voice to those of my col- lenger, ‘‘The future doesn’t belong to I remember, with great pride, the leagues here today to say God bless the the fainthearted; it belongs to the launch of Alan Shepherd as part of the memory of Rick Husband, William brave.’’ The seven astronauts who pi- Mercury program, just to see if man McCool, Michael Anderson, Kalpana loted the Space Shuttle Columbia heard could live in outer space. Chawla, David Brown, Laurel Clark, that call and will forever be remem- I remember, as an elementary school and Ilan Ramon of Israel. To them I bered for their bravery. boy, attending the parade that was say: Godspeed. No American relishes the loss of life held in Washington, DC for John The PRESIDING OFFICER. The Sen- and the sacrifice of those courageous Glenn. Little did I realize that one day ator from Utah. astronauts. But every American is I would have the privilege of serving Mr. HATCH. Madam President, I thankful for the willingness of these with John Glenn in the U.S. Senate. I thank my colleague from Hawaii for al- astronauts to press forward—even when remember his parade down Pennsyl- lowing me to proceed ahead of him. I the risks are so great—in order to pro- vania Avenue and how we, as a new certainly appreciate his kindness. vide more knowledge and nurture a generation of Americans, celebrated I rise today to salute the seven astro- new generation of scientists who are the renewing of the American spirit of nauts aboard the Space Shuttle Colum- inspired to look at the universe dif- exploration. bia who lost their lives as they endeav- ferently every time astronauts venture I remember following with great in- ored to conquer the vast unknown of into the darkness of space. terest the Apollo program and being in- space. The space program is so vitally im- spired by the remarkable realization I would like to take a moment to portant to our Nation’s science edu- that two Americans were on the Moon. praise the work of Commander Rick cation. Every year, bright, energetic, Neil Armstrong is a hero, the first to Husband, Pilot William McCool, Mis- wide-eyed students enter the Nation’s make that small step for man but that sion Specialist Kalpana Chawla, Mis- school systems and are motivated by giant leap for mankind. I remember the sion Specialist David Brown, Mission the new scientific findings in our uni- pride I felt when the Apollo program Specialist Michael Anderson, Mission verse. They grow to love science, a love was merged with the Soyuz program Specialist Laurel Clark, and Payload that will stay with them throughout and began to break down the cold war Specialist Ilan Ramon. their lives and continue to propel our These great heroes will always be re- barriers with Russia. Then, of course, Nation’s scientific discoveries into the membered for their willingness to the space shuttle came and we watched future. carry the hopes and aspirations of a with awe as this new configuration of We cannot let that love die. It is our country with them into space, even the space program inspired us all in the duty to push the envelope, to explore though they made the ultimate sac- new possibilities of learning and dis- the outer reaches of our universe. Inno- covery. rifice for their efforts. I know the months and years ahead vation and determination shape our I don’t think any of us will forget will be filled with debate over many scientific future and the space program that day that Challenger went down and issues surrounding this tragedy. is such a crucial part of that. the heartache we felt as it exploded Certainly, we will hear questions My home State of Utah has long been upon its launch. Now we add the mem- asked about the ongoing funding of actively engaged in America’s space ory of watching Columbia disintegrate NASA and the safety concerns sur- program. Our own Richfield, UT native, as it reemerged into the Earth’s atmos- rounding such adventurous explo- former Senator, and my friend, Astro- phere. ration. naut Jake Garn, left Cape Canaveral on Where do we go from here? As we The Nation will need answers to the Space Shuttle Discovery in April stand on the verge of a foreign conflict these questions. 1985 and return to earth over 6 days and struggle with our economy, it is Hearings should be held. Investiga- later after having orbited the earth 110 entirely appropriate for Congress to tions should be conducted. But in the times. look at the space program and, with final analysis, let us not forget how As well, ATK, a leading-edge aero- our President, set new goals. I hope valuable the space program is to our space company based in Utah provides they will include a space station, even country and to the American spirit. state-of-the-art solid rocket motors a Moon station, and eventually a land- I would like to ask my colleagues, which makes the idea of people being ing on the planet of Mars. That reflects administration officials, and NASA to able to fly through space a reality. the highest standards of American proceed with their investigations in a Utah’s contribution to the success of leadership. This demonstrates Amer- prudent manner and return our astro- our Nation’s space program goes on ica’s courage and it will firmly fix, in nauts to space as soon as possible. and on, but let it suffice to say, that the firmament of heaven, America’s I would like to see a renewed focus the entire State of Utah mourns for the place among the leadership of nations. for NASA, a focus that would rival loss of these brave astronauts. We pray My final thoughts are to the families. President Kennedy’s challenge to be for their families and those they have As we witnessed the ceremony today, the first Nation to send a man to the left behind. we all grieve for the parents and the moon. Now is not the time to take a huge children of these astronauts who have This can only be done by pressing step backward in our space program lost their parent or their child. I am re- forward with bold new space initiatives and send the message to the next gen- minded of an admonition that the only and not by prolonged critiquing and eration of Americans that when things way to take sorrow out of death is to endless investigations. get hard or when plans go wrong, we take love out of life. Death often looms Just the mention of the word ‘‘space’’ should give up . . . give up and let our as the ultimate calamity, but it need conveys so many special meanings to dreams and aspirations fall victim to a not be if we keep it in perspective of each of us. task that appears hopelessly difficult. eternity. Thoughts of heroes such as Buzz No, now is not that time. Some time ago, I was attracted to a Aldrin and Neil Armstrong come im- Now is the time when we need to monument I saw in England. Its words mediately to mind. In many ways, our stare adversity in the face. Learn from seem appropriate at this occasion. Nation is defined by the adventurous past mistakes. Refocus our vision on They were about time. As I looked at space program which has been a part of what we can accomplish by working to- these families who are suffering and our national heritage for over 40 years. gether toward a unified goal. Now is

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G04FE6.016 S04PT1 S1854 CONGRESSIONAL RECORD — SENATE February 4, 2003 the time to raise a new generation of nations in the peaceful exploration of cination with exploring, discovering, or heroes and teach them how to over- space and progress of scientific inquiry. dreaming to wane. For by reaffirming come difficult circumstances. The Columbia crew, like most of the our resolve to explore the wonders and Yes, America will continue its space men and women in our space program, mysteries of the universe, we honor the program. We will be more than mere came to NASA as successful and re- memory of the Columbia’s crew, and the spectators of the universe. We will be spected leaders from their respective memory of all those astronauts who active participants and we will train a professions. As scientists, doctors, sur- lost their lives in our Nation’s endeav- new generation of explorers who will geons, aviators, and military officers, or to understand outer space. build on the foundation laid by these they sought to share their expertise in I yield the floor and suggest the ab- great astronauts abroad the Space the service of our Nation and mankind. sence of a quorum. Shuttle Columbia. Who knows what this In the decades since Sputnik and John The PRESIDING OFFICER. The new generation may discover? With the Glenn’s orbital mission of the earth in clerk will call the roll. rapid pace of technological advances the Friendship 7, people around the The legislative clerk proceeded to and the courage to conquer the un- world have been fascinated with possi- call the roll. known, it is sure to be something bilities of space exploration. The shut- Mr. AKAKA. Madam President, I ask great. tle program opened the reality of space unanimous consent that the order for Elaine and I send our very strongest exploration to astronauts from many the quorum call be rescinded. condolences to the families of the as- nations and caught the interest of The PRESIDING OFFICER. Without tronauts who have lost their lives in young people around the world. objection, it is so ordered. the service of their country. We will Colonel Ramon, Israel’s first astro- Mr. AKAKA. Mr. President, I ask pray for those families and pray that naut and one of his nation’s premier unanimous consent that the time somehow they will be comforted in this air force pilots, captured the imagina- under the quorum calls be equally di- hour of need. tion of the Israeli people. His participa- vided; in addition, I ask unanimous I personally know what it is like to tion in the shuttle program stirred a consent that the previous quorum calls lose a member of the family while serv- great sense of pride and hope in a na- be equally divided. ing our country. My older brother was tion that has endured so much conflict The PRESIDING OFFICER. Without killed in the Second World War at the and violence over the past two years. objection, it is so ordered. Ploesti oil raid that helped to knock Dr. Kalpana Chawla, the first Indian- Mr. AKAKA. I thank the Chair. I sug- out Hitler’s oil supply. It was a very born woman to go into space, is a na- gest the absence of a quorum. The PRESIDING OFFICER. The difficult thing for our family, and it tional heroine in India and a great in- clerk will call the roll. still is. In the last month, I have been spiration to young people in both that The legislative clerk proceeded to reading the letters he wrote to my land of her birth and her adopted home, call the roll. mother and I have gotten to know him especially young women and girls who Mrs. MURRAY. Madam President, I better than I ever thought I would—as saw Dr. Chawla as a role model for the ask unanimous consent that the order a person who gave his life for us and possibilities and opportunities avail- for the quorum call be rescinded. did it willingly so that we might be able to them. The PRESIDING OFFICER. Without free. As we mourn the loss of these brave objection, it is so ordered. These astronauts have given their individuals, men and women who will- Mrs. MURRAY. Madam President, I lives for us and they have given them ingly assumed the risk of space travel join my colleagues in expressing our willingly, helping us to be free, to have in their dedication to science and the gratefulness to the seven heroes who a better society, to explore in this day expansion of human knowledge to new were lost on the Space Shuttle Colum- and age, much like Lewis and Clark did frontiers, we are reminded of the bia Saturday as they completed a mis- in their day and age, the outreaches of human spirit for exploration and dis- sion of science to benefit the world. the universe and help us to gain sci- covery. Indeed, the quintessential trait I also share my thoughts and prayers entifically every step of the way. I am of the American national character is with the families they’ve left behind. grateful to them and their families and the sense of adventure and curiosity Over the past few days, we have seen I pray for them. that led pioneers and homesteaders an outpouring of support from people I yield the floor. westward, impelled men and women in all over the world for these seven re- The PRESIDING OFFICER. The Sen- Europe and Asia to emigrate to a new, markable individuals, and the work ator from Hawaii is recognized. vast, and unknown Nation with only they carried out so selflessly. Mr. AKAKA. Madam President, I rise the promise of opportunity and pros- From formal memorial services—like today to join my colleagues on this sad perity, and embraced President Ken- the one held in Houston today—to and solemn afternoon to honor the nedy’s challenge to put a man on the more spontaneous tributes throughout lives of our brave astronaut heroes: the moon. America, Israel, India and other na- seven crew members of the Space Shut- America has been peopled by men tions, people around the world have tle Columbia who were lost Saturday and women driven by this spirit, and it shared their words of loss and apprecia- morning on their return from a 16-day is a quality we greatly admire and re- tion. scientific mission in outer space. spect in our leaders and fellow citizens. Frankly, there is little I can add to As we honor the memory of the Co- The crew of the Columbia fully under- the chorus of eloquent voices we have lumbia crew, Shuttle Commander Rick stood that there are many dangers as- heard over the past few days. Husband, Pilot William McCool, Pay- sociated with space flight, but looked But what I can do—and what I am load Commander Michael Anderson, beyond them while seeking to bring honored to do on behalf of the people I Mission Specialist Kalpana Chawla, forth wisdom and reason from the vast represent—is to share with the Senate Mission Specialist David Brown, Mis- unknown through space exploration how two members of this amazing crew sion Specialist Laurel Clark, and Pay- and research. The crew understood that touched the lives of many in my home load Specialist Ilan Ramon, I send my the experiments they were conducting State of Washington. heartfelt sympathy to their families on a wide array of medical and sci- Columbia pilot William McCool was a and loved ones. entific subjects held the promise of Commander in the United States Navy. This is a national and international major scientific advancements and He served two tours at Naval Air Sta- tragedy that has brought people and benefit to mankind. tion Whidbey Island in Washington nations around the globe together in In the coming weeks and months, we State. grief and remembrance. The men and must investigate what caused this Commander McCool was an EA–6B women onboard the Columbia epito- tragedy and ensure that manned space pilot serving in both the Tactical Elec- mized the best and brightest our coun- flight is safe for our men and women tronic Warfare Squadron 133 and the try has to offer, and the participation who dedicate their lives to space explo- Tactical Electronic Warfare Squadron of other nations in the shuttle program ration. As we scour the earth for an- 132. illustrates the collaboration and inter- swers to this tragedy, we must not lose His colleague, Columbia Payload connection between America and other sight of the heavens, or allow our fas- Commander Michael Anderson, was a

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\A04FE6.010 S04PT1 February 4, 2003 CONGRESSIONAL RECORD — SENATE S1855 Lieutenant Colonel in the United Church in Spokane gathered to worship tion seeks answers to the Columbia States Air Force. Colonel Anderson had and pay tribute to him. Michael Ander- tragedy, and we will join them in hon- long ties to the Spokane area in Wash- son and his family are long time mem- oring their loved ones as space explo- ington State. bers of the congregation. ration and discovery go forward. Willie Both of these astronauts touched Speaking of Lieutenant Colonel An- McCool, Michael Anderson, and all of lives in Washington State. Both were derson, Reverend Freeman Simmons our Columbia astronauts gave so much accomplished pilots. Both were pillars offered words of comfort to friends of of their lives in service and explo- in their communities. Both were strong the Anderson family. ration. Our task now is to ensure their family members. Reverend Freedom said, spirit continues to deliver the wonders On Saturday afternoon, I called the He belonged to more than his family, more of space that they explored on our be- Commander of the Naval Air Station than his race, more than his different affili- half. Whidbey Island. Over the years, I have ations. He belonged to this age. I continue with the words from Willie had an opportunity to work with the Michael Anderson was born in New McCool in an e-mail message to his col- fine crews at NAS Whidbey Island. I York State. He and his family came to leagues at NAS Whidbey. Commander have shared both good times and bad Spokane, WA, during his father’s Air McCool spoke of seeing the Sun rise times with them. When I called on Sat- Force service at Fairchild Air Force and set on the Earth from space and urday just a few hours after the dis- Base. He graduated from Cheney High wrote: aster, I knew the air crews and the School and came across the Cascades The colors are stunning. families would be struggling with Com- to attend the University of Wash- In a single view, I see—looking out at the mander McCool’s death. ington. At UW, Anderson earned de- edge of the earth: I spoke with Captain Steven Black. I red at the horizon line, grees in both physics and astronomy. blending to orange and yellow, had expected to hear stories of Willie He went on to a career in the Air Force followed by a thin white line, McCool’s service at NAS Whidbey ear- as pilot and was selected to join NASA then light blue, lier in his distinguished career. I heard gradually turning to dark blue and the space program in 1994. and various gradually darker shades of that—and so much more—as Captain Lieutenant Colonel Anderson was one Black told me about this man who was grey of the veterans aboard Columbia. He then black and a million stars above. so revered by his fellow Naval airmen previously spent 211 hours in space on It’s breathtaking. at Whidbey. the 89th shuttle mission in 1998 to the Madam President, I yield the floor. Willie was a role model to young fly- Russian space station MIR. On that The PRESIDING OFFICER. The Sen- ers at Whidbey. They all followed his mission, Anderson traveled 3.6 million ator from Virginia. career and his many accomplishments miles in 138 orbits around the Earth Mr. ALLEN. I ask unanimous consent in the Air Force and as an astronaut aboard the shuttle Endeavor. that the distinguished senior Senator with NASA. Aboard the Columbia, Payload Com- from Virginia and I be recognized for a Captain Black told me about his re- mander Anderson was responsible for time not to exceed 20 minutes to en- cent E-mails with Commander McCool. gage in a colloquy, and that it be Just 2 days before, Commander the incredible science being conducted charged against the time of the major- McCool took the time to E-mail his during the mission. His mission was to ity. friends and colleagues at Whidbey. manage 79 experiments on behalf of several space agencies and school chil- The PRESIDING OFFICER. Without Whidbey Island had an effect on Willie objection, it is so ordered. McCool. And Willie McCool had an im- dren in many countries. Michael Anderson considered Spo- Mr. ALLEN. Madam President, I join pact on NAS Whidbey Island that lives with my colleague, Senator WARNER, on in the mission and the talents of the kane his hometown, and Spokane is proud of his service. Today, all across on this sad day, not just for America Naval personnel serving there. but for the world. It is a day on which As Captain Black told a reporter, Spokane, the community has posted its respect and admiration for our lost as- we commemorate and honor the lives Willie flew the skies of Washington state. of the seven courageous astronauts. We He was a talented pilot. He was very enthusi- tronauts. One sign on Division Street astic about his work. He had a contagious reads, ‘‘NASA we mourn with you.’’ are joined together in honoring the sense of awe and wonder at the science be- Another reads, ‘‘Remember our Astro- lives of these courageous individuals hind the flying he loved. nauts.’’ who dedicated their lives and decided And Commander McCool touched Lieutenant Colonel Anderson’s many to use their talents to reach high; to lives in communities beyond NAS contributions to space and science will reach for high ideals, and who assumed Whidbey. live as a lasting tribute to an accom- the risks of these dangers in a very One of those communities is plished and heroic American. Let me noble effort to improve our quality of Anacortes, WA, where he and his fam- mention just one. life here on Earth. ily lived and continue to own a home. Following Michael’s successful 1998 This is a day of admiration. It is a Anacortes is north of Oak Harbor and shuttle mission, he returned to Wash- day of inspiration for us and for the NAS Whidbey. It is a small town that ington State and the Spokane area. In NASA people who care so much about took immense pride in having Com- May 1998, he want back to his alma this tragedy, the loss of these heroes. mander McCool as a neighbor, a parent, mater, Cheney High School. He shared We all watched in horror as they were and a fellow outdoorsman. Commander his experiences with students and he trying to come back into our atmos- McCool’s appreciation for Anacortes returned a school pennant which he phere. The tragic disaster was more and the local community was with him had taken with him into space on that than just a loss for us in the United on the Columbia mission. first mission. States, but it was a loss for the entire He took with him a Douglas Fir Cone One of the teachers described his ap- world community—whose diversity, in- from the Little Cranberry Lake area. pearance at a school assembly saying: genuity, and skill are reflected in the That cone represented the seeds of a fu- His message to the kids was so upbeat and members of this historic crew. ture generation. so positive. ‘‘It doesn’t matter what your Our hearts ache for the grieving but Commander McCool’s commitment dream is. If you are willing to chart the amazingly brave families of these he- and service to future generations is course, if you are willing to do what it takes, roes who perished in this catastrophic now represented on the sign outside of you can achieve your dreams.’’ When that failure. As we go through the list of Fidalgo Elementary School. That sign assembly was over, no one wanted to leave. those on the shuttle we see Rick Hus- says, ‘‘Fidalgo salutes a legacy of a They all wanted to stay and talk to Mike. band, Commander; Pilot William good friend, Commander William Both of these men left families. McCool; Michael Anderson; CDR McCool.’’ These men were spouses, fathers, com- Kalpana Chawla, Mission Specialist Let me now turn to another Columbia munity leaders, role models in service Laurel Clark; Mission Specialist Ilan hero with ties to Washington State, to our country. They will be missed by Ramon of Israel; and David M. Brown, Lieutenant Colonel Michael Anderson. their families and a grateful nation. We Mission Specialist 1 and Navy captain On Sunday morning, parishioners of will stand with the families as they from Arlington, VA, a Virginia resi- the Morning Star Missionary Baptist grieve. We will be with them as the Na- dent, born and raised in Virginia, he

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\A04FE6.012 S04PT1 S1856 CONGRESSIONAL RECORD — SENATE February 4, 2003 went to college at the College of Wil- involved in that error because he knew about those who made the sacrifice. I liam and Mary after attending York- everyone was trying to do the best job thank the Senator for the privilege of town High School, and was graduated they could. serving with him. from Eastern Virginia Medical School He talked about NASA, about how Mr. ALLEN. I thank the Senator. in Norfolk, VA. they cared about, for example, specifi- Mr. WARNER. Madam President, it Our thoughts and prayers are with all cally, one of the culprits or suspected is interesting; as the two of us ap- these families. But for my colleagues culprits in this tragedy, which was that proached the floor, a reporter paused in to get to know the character of these piece of foam that hit the left wing. a very courteous way to ask me some families, where they came from, it is His brother—and he communicated questions. He is doing a study on the important that I share with you my with him by e-mail when he was up in demographics of the Senate, and in conversation with David’s brother space—had actually taken photographs particular on the number of Senators Doug. David’s brother was the only of that wing because they were con- who have had an opportunity to serve family member who was waiting for cerned about it. in uniform. I expressed an opinion that him when he was to land in Florida. I said: Did those photographs get I have expressed many times to a simi- It is a family of achievers. His fa- back? lar request. I find that, while it has its ther—it would have been very difficult He said: No, they didn’t send those advantages, there is certainly no dis- for him to get down there because his photographs back. But that will be advantage to those who have not had father is in a wheelchair. His father part of the investigation, at least his the opportunity to serve in uniform. I contracted polio at the age of 5. It oral description of the situation. think we all learn very quickly how to never deterred him. He became a judge. I said: As we are trying to figure this address the responsibilities we have He campaigned, somehow, door to door, out and trying to learn from it, what with respect to the men and women of and then was appointed as a circuit would he say? the Armed Forces of the United States. court judge, where he served honorably He said: Gosh, you have to under- But in the few steps that I took walk- and expertly for 20 years, watching a stand, GEORGE—he said GEORGE, not ing to the Chamber, I say to my col- great deal of growth and trans- Senator ALLEN. We are on a friendly league, I did reflect momentarily on formation in Northern Virginia. basis. He said: You have to understand two brief periods that I was privileged David’s brother Doug, with whom I my brother David was a football play- to serve in uniform at the very end of spoke today, is a hero and character in er. He was an offensive lineman at World War II when I did not see combat his own sense. He went to West Vir- Yorktown High School. He said: In as did the spouse of the distinguished ginia University. I said: Why did you these sort of things, they use a football Presiding Officer of the Senate, our leave Virginia to go to West Virginia? analogy. You don’t get stopped dead in former colleague, Senator Dole, in no And he said they have a great target your tracks. When you get tackled, you way have I ever put myself in the cat- shooting program there. He himself get up and you keep trying to score. egory of Senators Dole, INOUYE, STE- was a two-time All-American. It is a And Doug, his brother, said they used VENS, HOLLINGS, and many others since family of achievers. to make fun of David, that no one ever then who served in Vietnam with such Doug talked about family, not just paid any attention to an offensive line- great distinction on the battlefield. his family but the NASA family; about man. They were trying to rub it in. No But I did come to know many of my this crew and how this flight was de- one knew of his football prowess. colleagues. Then I served briefly in the layed time after time; one time be- David retorted that no one else had Korean war as a ground communica- cause they were sending up another Katie Couric cheering for him like she tions officer in the first wing. But I got mission to fix the Hubble. Another did at Yorktown High School. to know aviators very well in that ca- time there was a delay because of re- Today, David, everyone is cheering pacity. I recall that one of our pair of the fuel lines. So the family be- for you. We are aching for your won- tentmates did not return, and also our came closer. By the time they were ac- derful family and your friends. We commanding officer lost his life. I was tually able to launch and go off on know the noble mission that you have part of the detail that went out to re- their mission, they had become very been on, and others will be on in the fu- trieve him from a mountainside. close. ture, will continue as you desired. I empathize, as do the other men and We talked about various things. I We will reconstruct the facts. We are women of the Armed Forces, for the asked him a question about what could determined to get up. We are deter- loss of those astronauts who achieved we do to help? Is there anything we can mined to learn. We will not quit. We their status through training in the do to comfort you or to comfort your will keep fighting. In fact, we will keep U.S. military. What a privilege it is for family? What he said is that NASA and improving, we will keep innovating, all of us who had the opportunity to the Navy Casualty Assistance Crews and we will keep advancing. serve, to serve with others, and to were great. Everything possible was David Brown was a hero, and these share in their everyday happenings and being done for them. He talked about surviving families are heroic individ- glory—and sometimes in the status of how NASA had such noble goals, trying uals as well. As we go forward, we will their death—that we do here, brothers to expand the knowledge of mankind, learn. But we also will pray to God and sisters in the Senate today. and said they are the best of mankind. that we continue to be blessed, in this A number of our colleagues had the Doug said his brother David under- country and the world, with people of opportunity to go down to the services. stood that everyone was taking risks. such courage and especially people of I had to remain here. But I join with We talked about how Navy pilots and such great character. my colleagues in our reverent and test pilots over the years have lost I would like to yield to the distin- humble way of expressing our deepest their lives, some trying to land on a guished senior Senator from Virginia, sympathies to the families, to the sur- pitching aircraft carrier. He said those Mr. WARNER. vivors, to the fellow enlisted military folks are heroes as well, and they don’t The PRESIDING OFFICER. The Sen- officers who served with these individ- get the attention these individuals re- ator from Virginia is recognized. uals throughout their careers, and to ceived. Mr. WARNER. Madam President, the Nation. The whole Nation is griev- I asked Doug how his recent con- may I say to my good friend, the junior ing for their deaths. versations with David. Doug said that Senator, that he delivered his remarks It is a marvelous thing to see Ameri- he recently asked David: Well, what if with great empathy and feeling. I wish cans come together from all walks of you don’t get back? What should I say? to congratulate him. I have come to life and to join in prayers and in other He said his brother told him the pro- know him as a man who has intense ways—so often in quiet ways—to ex- gram must go on. Not in a careless feelings for people; and as a former press our feelings over this tragic loss way, but it needs to move forward. He Governor the many times he had to re- to our Nation, and indeed to the world, believed if there was any error and he spond to catastrophes and loss of life in because the world is largely dependent couldn’t get back, it most likely would our State, he certainly has learned how on those nations that have trained be a human error, but that he would to speak for the families and the sur- those going into space with particular not hold that against whomever it was vivors, and to speak with admiration missions. We lost the very brave and

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G04FE6.030 S04PT1 February 4, 2003 CONGRESSIONAL RECORD — SENATE S1857 extraordinary military officer from our knowledge from all sources, wherever Quiet, confident, heroic, adventure- strong ally, Israel. they may be, to try to find the answers some, dedicated to the welfare of oth- While our Nation grieves for the for this tragedy. ers, and always seeing the best in our deaths of the seven pioneers in space, We are a nation of risk-takers. But world: CPT Brown. for their friends and families, and for with exploration comes inherent risks. My colleague enumerated the details the States those brave souls called We have continually tempted fate of his family and his education, but I home, we join in mourning with all through superior science and with the do wish to recount one story. His par- States in the Union. And yet we cele- most talented men and women in their ents were not surprised by his choice. brate in a way their entire lives. We in fields—astronauts who are the best and Paul and Dorothy Brown watched their Virginia are united in our solemn re- the brightest—those who fulfill their son grow up in the Westover section of membrance of one of those astronauts, dreams and, I think more importantly, Arlington with a clear sense of adven- CPT David Brown, whose parents, who have instilled in generations of ture. He flew with a friend in a small Dorothy and Paul, live in Washington, young people their commitments and plane at age 7. And while at William VA. My distinguished colleague spoke their dreams to perhaps become astro- and Mary, he worked two jobs just to of his wonderful conversation with his nauts or dreams to perhaps one day gain the dollars for his flying lessons. brother today. wear the uniforms of the Army, the In a speech to students last Sep- In the United States of America, we Navy, the Marine Corps, the Coast tember, CPT Brown predicted that at are a nation of pioneers—blazing trails Guard, and the Air Force. some point a shuttle flight would end from the 16th and 17th centuries to Last night I was privileged to attend with the loss of crew and aircraft. But build ourselves a new nation, venturing a public meeting of the Council on For- he encouraged the young people to west in the 18th and 19th centuries to eign Relations and of the four members have ‘‘a big vision, accept the risks and fulfill our manifest destiny; and today of the chiefs of the services and/or their be persistent in pursuit of [your] in the 20th and 21st centuries leaving designated persons, who spoke bril- goals.’’ the outer bounds of our own atmos- liantly. In the cross questions, they ad- Last Christmas, CPT Brown had a phere to learn more about this planet dressed their pride in those men in uni- conversation with his brother Doug, and others, and to share that knowl- form who achieved the status of astro- who asked what would happen if some- edge with the world. naut—most particularly, at least two thing went wrong in space. He simply Shuttle launches and landings have of them knew personally two of those said: ‘‘Well, this program will go on.’’ become routine over the last several who were lost on this mission. And the remainder of that conversa- decades, yielding a false sense of secu- I was so proud of the way they spoke tion my dear colleague put in the rity. We now recognize how false it is— and talked with resolve as to how we RECORD. for we are shaken to our very core. press on in space, and how generations We are a nation of patriots. Not only Brilliant were the remarks delivered upon generations will be coming behind must we remember these brave men today by our President—and those who to take their places, not unlike the and women of the Columbia, but all gathered with him at the memorial men and women of the Armed Forces men, all women in uniform, who pro- service. President Bush is well known who throughout the world today are tect this great Nation. And I suppose to my colleague as a fellow Governor. standing watch over our freedom, most since 9/11 each of you in this Chamber, They served together. How often the particularly in the stressful situations like I, stop quietly when you see the Senator from Virginia told me about of the Korean Peninsula and, indeed, uniform of a fireman, a policeman, or a the moments they shared when both of the Persian Gulf and Afghanistan. How medical worker, or those who form the them were Governors. But he—not un- proud we are of the men and women of vast infrastructure in this country and like my dear friend, the Senator from the Armed Forces. take risks day and night so we can Virginia—has a remarkable way to step The Columbia crew trained for their enjoy the highest quality of life of any into a period of mourning and bring mission for years and in an instant our nation in this world. strength to the families who remain, Nation has lost seven brave brothers I say to our Armed Forces on deploy- and to the Nation. I certainly com- and sisters; ment around the world, who have been mend our President. Commander Rick Douglas Husband, dispatched for the cause of protecting Over 100 times our brave astronauts U.S. Air Force Colonel, father of one freedom, and to our police and fire- have challenged the laws of gravity—I daughter and one son; hometown, Ama- fighters, you are in our thoughts and in love that phrase; I wrote it myself—the rillo, TX; our prayers every day. Ours is a grate- laws of gravity propelling themselves, Pilot William C. McCool, U.S. Navy ful Nation for the risks you and your their shuttles, and their payloads hun- Commander, father of three sons; families—and I underline families— dreds of miles from the Earth’s surface. hometown, San Diego, CA: take. Their work has yielded a great deal of Kalpana Chawla, Ph.D. in aerospace Today we must mourn our loss: the scientific advancement—especially engineering, hometown Karnau, India; crew of the Columbia. Tomorrow we medical advances—credited with en- Michael P. Anderson, lieutenant will continue their work. I emphasize hancing the quality of life not only of colonel, U.S. Air Force, father of two that. Our President said that. Tomor- ourselves but, indeed, the world. daughters; hometown, Spokane, WA; row we will continue their work, their Laurel Blair Salton Clark, com- Space research, technology, and ex- search for knowledge, and their explo- mander, U.S. Navy, mother of one son; ploration are major contributors to en- ration of new frontiers. hancing our national security, to im- hometown, Racine, WI; Ilan Ramon, colonel, Isreli Air Force; We will remember them with rev- proving our standard of living, and And David M. Brown, captain, U.S. erence, just as we remember the set- broadening our scientific knowledge— Navy; hometown, Washington, VA. tlers at Jamestown in 1607, and the ex- and to carry on the pioneering tradi- I am proud to stand here today on be- pedition of Lewis and Clark in 1803. We tions of our Nation. NASA has been the half of all Virginians to honor his will remember them, just as we re- driving force for these many accom- memory and celebrate his life. member our lost soldiers, sailors, and plishments. How proud Virginia, his parents, his airmen, who have given their lives— May I say the current Administrator friends, and his family are of this dis- generations of lives—to protect our of NASA is a member of our Senate tinguished man: CPT David Brown. In freedoms. And we will remember them, family. In many ways, he worked with his last words from space, CPT Brown just as we will remember the others this institution. He went on to become wrote an e-mail to his parents in Vir- who have fallen in space, who dared to Secretary of the Navy, an office that I ginia. My colleague referred to an e- dance among the stars. We remember was once privileged to hold. Our mail he wrote to his brother. This is an them. thoughts and prayers are with him. I e-mail he wrote to his parents: I yield the floor. think thus far he has shown strong If I’d been born in space, I would desire to Mr. ALLEN. Mr. President, I suggest leadership in addressing this tragedy, visit the beautiful Earth more than I ever the absence of a quorum. proceeding immediately to try to un- yearned to visit space. It’s a wonderful plan- The PRESIDING OFFICER (Mr. AL- earth the facts and to procure the et. EXANDER). The clerk will call the roll.

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G04FE6.033 S04PT1 S1858 CONGRESSIONAL RECORD — SENATE February 4, 2003 The legislative clerk proceeded to and listening to our speeches. So we United States land an American safely call the roll. are fortunate. We thank the guest on the Moon by the end of the 1960s, Mr. ALLEN. Mr. President, I ask Chaplain. our Nation has been committed to unanimous consent that the order for Mr. ALLEN. Mr. President, I share reaching for the stars. the quorum call be rescinded. my colleague’s comments in relation President Kennedy said, ‘‘We choose The PRESIDING OFFICER. Without to the guest Chaplain, Dr. William to go to the moon . . . not because [it objection, it is so ordered. Carl. It is a pleasure for us all he is is] easy, but because [it is] hard.’’ Mr. ALLEN. Mr. President, before here. Thus begun America’s space pro- the minority assistant leader arrives Mr. DASCHLE. Mr. President, I often gram, a program which has compelled and I do final closing business, I want speak about the many inspirational or some our Nation’s brightest and brav- to commend the senior Senator from impressive feats accomplished by est souls to risk their lives in the name Virginia, my mentor, my ally, my good South Dakotans. I am particularly of progress; to travel into the frontiers friend, for his outstanding statements, pleased by the thousands of men and of space in order to advance human life and for his experiences throughout his women from South Dakota who serve here on Earth. life—in many wars, in many trage- our Nation in one of the Armed Forces. The space program has seen its share dies—and through it all with his expe- But today, I want to call attention to of tragedy. In the prespace travel days rience, as he always has the right someone who has risen above and be- of 1950s, daredevil pilots, such as form things to say. He crafts those words yond most others. I’m speaking of CDR Senator John Glenn, risked it all to himself. And he is proud of them. Charles J. ‘‘Jerry’’ Logan of the U.S. help us develop jet engine and rocket He is an artist. He is an artist not Navy. propulsion technologies, and to learn only on canvas but also an artist with Commander Logan was born in De about the outer-reachers of our strato- the gift of language, of sentiments, and Smet, SD. He also lived in Leola and sphere. Dozens died in the process. of love and care for his fellow human Belle Fourche, SD. The commander is a They sacrificed their lives to make the beings. And he has been a hero himself, graduate of Belle Fourche High School space program possible. in many wars—in time of war and in and the South Dakota School of Mines Many of us are old enough to remem- time of peace—a leader in the civilian in Rapid City. He is the only son of ber January 27, 1967, the day Apollo 1 sector, and one who I, every single day, Charles and Margaret Logan’s eight exploded during a launch-pad test, kill- in every single moment that I am with children. Most of the Logan family ing all three astronauts on board, Vir- him, learn something good and bene- continues to reside in South Dakota. gil Grissom, Edward White, and Roger ficial to improve myself. The commander is married to Teresa Chaffee. I personally remember the So I thank my colleague, my dear Logan, the daughter of Norman, who numbness I felt when hearing the news, friend, Senator WARNER, for those won- also served in the Navy, and Gay Ja- and later watching the tragedy re- derful remarks that I think mean a cobs. played on television. great deal to the family of Captain Last November Commander Logan But the space program went forward; Brown and to all the families, but also was bestowed the special honor of tak- 18 months later, on July 20, 1969, Neil to the spirit of innovation, of that ing command of the USS Bremerton. Armstrong and Buzz Aldrin took man’s gung-ho spirit as far as the military is This is his first command post. The first steps on the Moon. concerned, but also understanding the Bremerton is one of several nuclear at- All of a sudden, our boundaries historic nature from the very begin- tack submarines assigned to the Pa- seemed limitless. nings of the cradle of liberty in James- cific Fleet. Command of a nuclear sub- In 1982, the space shuttle program be- town, on through the Lewis and Clark marine is obviously and enormous re- came operational, and trips to space expeditions, and others throughout sponsibility. Only a select few are ever began seeming commonplace. mankind. charged with such a task. But once again, on January 28, 1986, He is really a wonderful Virginia gen- Commander Logan took command of our Nation mourned the loss of shuttle tleman. Some call him ‘‘The Squire.’’ I the Bremerton at a Change of Command astronauts Michael Smith, Dick call him a living hero. I thank the Sen- ceremony in San Diego. Over 100 Scobee, Judith Resnik, Ronald McNair, ator for his comments. friends and relatives attended, and I Ellison Onizuka, Gregory Jarvis, and Mr. WARNER. Mr. President, I thank am pleased to say many came from Christa McAuliffe, who were lost the my colleague. I am deeply moved. A South Dakota—including Commander Challenger shuttle exploded during hero I am not, my dear fellow. I served Logan’s parents, all seven of his sis- take-off. twice in active duty for brief periods, ters, and many other relatives. I under- President Reagan’s words spoke for and I benefited greatly in that service. stand the presiding officer at the cere- an entire Nation when he said: ‘‘We’ve I try today, as chairman of the mony, Captain McAneny, was quite grown used to the idea space, and per- Armed Services Committee, to return moved by the large contingent from haps we forget that we’ve only just to the men and women of the Armed South Dakota who traveled to show begun. We are still pioneers.’’ Forces more than what I received by their support for Commander Logan. With those words, the space shuttle way of training and other benefits from I can certainly understand why the program went forward, and there have serving in the military. My tours of ac- entire Logan and Jacobs families are been dozens of shuttle launches over tive duty are inconsequential com- proud of Commander Logan. I, too am the past 15 years, reaping untold re- pared to the glorious careers of the per- proud of Jerry Logan, as I am proud of wards for humanity in terms of in- sons who we honor today and, indeed, all those from South Dakota and creasing our understanding of physics, all others really that I have served throughout the Nation who are serving biology, and of the physical universe in with and see on the far-flung battle- their country in the Armed Forces. which we live. fields of the world as I travel through Mr. DODD. Mr. President, today I Now we are in the shadow of another their posts, and will do soon again, to join the Nation in grieving the tragic tragedy. Some are questioning whether do what I can to benefit their lives, loss of the crew of the Space Shuttle or not manned space flights ought to their welfare, their safety, and that of Columbia, which went down during its continue. Some say risks to the lives of their families. return to Earth after 16 days in space. the astronauts outweigh the gains we Mr. WARNER. But I think, my dear My heart especially goes out to the can make in terms of scientific friend, we should note that we have families of the seven astronauts on progress. present in the Chamber today the vis- board the Columbia; Rick Husband, the I say we listen to the families of iting Chaplain who comes from the mission commander, William McCool, those lost on Space Shuttle Columbia. State of Virginia. I think it is a matter the shuttle pilot, and the five crew- They are united in their feelings that of consequence that he is here today in members, David Brown, Michael Ander- their loved ones died doing what they the time that you and I speak. And he, son, Laurel Clark, Kalpana Chawla, loved most, that these heroes under- too, expresses, as he did in the opening and Ilan Ramon. stood the risks, but were undeterred prayer, what is in his heart today, as Ever since President Kennedy an- because they also understood the po- he is in this Chamber, participating nounced, on May 25, 1961, that the tential for gain.

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G04FE6.036 S04PT1 February 4, 2003 CONGRESSIONAL RECORD — SENATE S1859 These families are united in their be- mission in 1999, Colonel Husband was the ‘‘She was never one of these people to say, lief that the space program must go on. pilot of the space shuttle Discovery in the ‘O.K., I found what I want to do,’ it was al- I believe that if it does not, than the first mission by a shuttle crew to dock with ways ‘What the next challenge?’ ’’ said Dr. lives of these seven astronauts would the international space station. Clark’s younger brother, Daniel Salton. ‘‘She After that he became chief of safety for have been lost in vain. was one of these people who just had goals, NASA’s astronaut office, and despite having just saw the goal, the end result, and knew Tragedies like these are a direct re- only one space flight under his belt Colonel how much work it would take to get there sult of America’s restless desire for Husband was chosen to be the commander of and was willing to do it.’’ progress, to go further, fly faster, learn the Columbia mission. Dr. Clark, 41, a Navy commander who was His mother, Jane Husband, said he pre- more, and advance. one of two women among the seven astro- pared intensely, capitalizing on every Robert Kennedy once said: ‘‘It is nauts aboard the space shuttle Columbia, minute, even an unexpected six-month delay from acts of courage that human his- was always scuba diving or mountain biking, when repairs forced the shuttle to be ground- tory is shaped.’’ hiking or rock climbing or parachuting. She These seven brave astronauts knew ed last July. ‘‘At Christmas, he was still studying, and I grew up in Racine, Wisc., the eldest of four the risks. They were not deterred. said, ‘Oh, gosh,’ ’’ Mrs. Husband told the children, married a fellow Navy officer, Jon- They were emboldened. They gave Ledger of Lakeland, Fla., just after the athan Clark, who later joined her in working their lives that humanity could take launching of the shuttle. ‘‘He said, ‘I have to at NASA, and had an 8-year-old son, Iain. yet another leap forward into the vast make sure everything is in my head perfect.’ In an e-mail message sent from the space unknown of future knowledge. They’re all like that. They have to be men- shuttle a few days ago, Dr. Clark marveled They are, and always will be, na- tally prepared.’’ at the view of Wind Point, a peninsula jut- tional heroes. Greg Ojakangas, a NASA consultant and ting into Lake Michigan a few miles from Reading through articles from Sun- professor of physics at Drury University in her childhood home, and wondered whether Springfield, MO., because friendly with Colo- day’s New York Times, I could not help the photographs she had taken would turn nel Husband during the 1994 NASA selection out. but be struck by the diversity of the process, when Dr. Ojakangas was not picked ‘‘Hello from above our magnificent planet crew. Once upon a time, all NASA as- to be an astronaut. earth,’’ Dr. Clark wrote to a group of close tronauts were white men from the ‘‘He finally made it,’’ Dr. Ojakangas said. friends and relatives. ‘‘The perspective is military. But over the past few dec- ‘‘It was a tale of perseverance.’’ truly awe-inspiring. Even the stars have a Dr. Ojakangas said Colonel Husband was a ades, NASA has been recruiting astro- special brightness. I have seen my ‘friend’ religious man devoted to his family, whose nauts based on their skills, their excel- Orion several times. lence, and of course, their courage and only regret about joining the space program was that it kept him so busy. An animal lover who was always the child commitment. That has meant a more ‘‘When I asked him how he was liking it,’’ to sleep with the family cat, Laurel Blair diverse astronaut pool. Dr. Ojakangas said, ‘‘I remember him talk- Salton graduated from Racine’s William The crew of the Columbia were a won- ing about how he wished he has more time at Horlick High School in 1979 and majored in derful example of this diversity, men home.’’ zoology at the University of Wisconsin, in and women, black and white, immi- Colonel Husband, had a wife, Evelyn; a Madison, intending to be a veterinarian. In- grant and native-born, as well as a daughter, Laura, 8; and a son, Matthew, 3. A stead, she attended the university’s medical crew-member from Israel, Ilan Ramon. baritone who sang in a barbershop quartet school, where she was part of a tight-knit The crew of the Columbia offer us a while in school, Colonel Husband still sang group of six friends who saved up their vaca- reminder that there are not boundaries in church choirs. And he loved water skiing tion time and spent the last three weeks be- and biking. in space, and that humans are one race. fore graduation in 1987 sailing a 42-foot boat Colonel Husband’s mother and uncle through the British Virgin Islands. Together, we will overcome this trag- watched the shuttle launching in Florida After nearly a decade in the Navy, with edy. And together, we will continue to last month, feeling some of the astronaut’s postings in Pensacola, Fla, Holy Loch, Scot- look toward the stars and beyond. excitement as the spacecraft took off. land, and Yuma, Ariz, a friend suggested ‘‘It was almost as if the creator arranged I ask unanimous consent to print in that Dr. Clark take the NASA test. Like it,’’ his uncle, George Drank, told The Ledg- the RECORD seven articles from Sun- many others, she was not accepted on the er. ‘‘The flood lights were on the shuttle. day’s New York Times, each of which first round. She later became part of a class Then the sun started coming over the hori- offers insights into the lives and per- known as the Sardines, because it had more zon. As it ascended into heaven, the sun was than 40 astronaut candidates, the most in sonal accomplishments of each of the behind it, and it made a big dark streak history, Ms. Salton said. astronauts lost in Saturday’s tragedy. across the sky. I looked back at his mother There being no objection, the mate- and brother and tears were streaming.’’ At NASA, Dr. Clark was nicknamed ‘‘Flo- rial was ordered to be printed in the Evelyn Husband said: ‘‘I wasn’t nervous ral, ‘‘because of the vibrant colors that she RECORD, as follows: about what he was doing because he worked wore when not in uniform. [From the New York Times, Feb. 2, 2003] so long and hard for it. But when that start- Mr. Salton said he never worried about the ed lifting off, Mama started crying. It’s dif- LOSS OF THE SHUTTLE: THE ASTRONAUTS; THE safety of the shuttle—until two weeks ago ferent when your son is on it.’’ COLUMBIA SPACE SHUTTLE’S CREW OF 6 when he joined his mother, siblings and sev- When asked before the flight about being AMERICANS AND 1 ISRAELI eral of Dr. Clark’s friends at the launching. selected mission commander while being rel- (By Pam Belluck) atively new to the space program, Colonel ‘‘I was just an emotional wreck when she Seven astronauts, six Americans and an Husband seemed modest and poised. was in space, when you actually see that Israeli, died aboard the shuttle Columbia ‘‘I think,’’ he said, ‘‘a lot of it has to do rocket group,’’ he recalled. ‘‘Visions of the yesterday. Of the crew of five men and two with being at the right place at the right Challenger go through your head and you women, four had never flown in space before. time, for starters.’’ pray that its not going to happen. Once they’re up in space, big sigh of relief, O.K. COL. RICK D. HUSBAND—A LIFELONG DREAM OF the dangerous part is over. I never ever con- BEING AN ASTRONAUT [From the New York Times Feb. 2, 2003] sidered that something could happen on the It took Rick D. Husband four tries to con- LOSS OF THE SHUTTLE: THE ASTRONAUTS; THE way down.’’ vince NASA to let him become an astronaut. COLUMBIA SPACE SHUTTLE’S CREW OF 6 The 45-year-old Air Force colonel from Ama- AMERICANS AND 1 ISRAELI While in space, Dr. Clark was part of sev- eral life-science experiments. In an interview rillo, Tex., had yearned to fly in outer space (By Jodi Wilgoren) since he was a child. ‘‘It’s been pretty much from space published on Friday in The Mil- Seven astronauts, six Americans and an a lifelong dream and just a thrill to be able waukee Journal Sentinel, she spoke of Israeli, died aboard the shuttle Columbia to get to actually live it,’’ Colonel Husband watching the sunsets. yesterday. Of the crew of five men and two told The Associated Press just before the women, four had never flown in space before. ‘‘There’s a flash—the whole payload bay Jan. 16 launching of the space shuttle Co- turns this rosy pink,’’ she said. ‘‘It only lasts DR. LAUREL SALTON CLARK—AFTER SEA AND lumbia. about 15 seconds and then it’s gone. It’s very SKY, MOVING ON TO SPACE Finally, Colonel Husband, a former test ethereal and extremely beautiful.’’ pilot who learned to fly when he was 18 and Laurel Salton Clark had conquered the sea, had more than 3,800 hours of flight time in diving with the Navy Seals and conducting Always a lover of her Scottish heritage, more than 40 types of aircraft, was chosen medical evacuations from submarines off Dr. Clark had chosen as her wake-up song for the NASA space program in 1994. Scotland. She had penetrated the air as a aboard the shuttle a bagpipe version of But it would take five more years of train- flight surgeon aboard the Marine Attack ‘‘Amazing Grace,’’ similar to one played at ing and preparation before he would ride his Squadron of the Year. Space was the logical her wedding. first rocket into space. During that 10-day next frontier. It will also be played at her funeral.

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A04FE6.015 S04PT1 S1860 CONGRESSIONAL RECORD — SENATE February 4, 2003 [From the New York Times, Feb. 2, 2003] He is also survived by four children ages 6 to R. S. Bhatia, head of the Washington office LOSS OF THE SHUTTLE: THE ASTRONAUTS; THE 14. of the Indian Space Research Organization, COLUMBIA SPACE SHUTTLE’S CREW OF 6 India’s answer to NASA, said Dr. Chawla had AMERICANS AND 1 ISRAELI [From the New York Times, Feb. 2, 2003] become a symbol of India’s greatness, even though she was no longer a citizen. (By Warren E. Leary) LOSS OF THE SHUTTLE: THE ASTRONAUTS; THE COLUMBIA SPACE SHUTTLE’S CREW OF 6 ‘‘After her first flight, she became a na- Seven astronauts, six Americans and an AMERICANS AND 1 ISRAELI tional hero,’’ Mr. Bhatia said. ‘‘She is an Israeli, died aboard the shuttle Columbia American citizen, but she is ours too. This is (By Lydia Polgreen) yesterday. Of the crew of five men and two the most terrible tragedy. We have lost a women, four had never flown in space before. Seven astronauts, six Americans and an hero.’’ Israeli, died aboard the shuttle Columbia COL. ILAN RAMON—PILOT EMBRACED ROLE AS A yesterday. Of the crew of five men and two SYMBOL FOR JEWS [From the New York Times, Feb. 2, 2003] women, four had never flown in space before. Col. Ilan Ramon was a soft-spoken combat LOSS OF THE SHUTTLE: THE ASTRONAUTS; THE DR. KALPANA CHAWLA—QUIET AND MODEST, BUT pilot conscious of the importance of symbols COLUMBIA SPACE SHUTTLE’S CREW OF 6 ALSO DETERMINED and history, and the role he played in both. AMERICANS AND 1 ISRAELI In the days and weeks leading to the Colum- Nearly everyone who walks into Don (By Jeffrey Gettleman) bia’s mission, and as the shuttle carried out Seath’s classroom has at least toyed with Seven astronauts, six Americans and an its 16 days of science experiments, much of the thought of becoming an astronaut. Mr. Israeli, died aboard the shuttle Columbia the attention focused on Colonel Ramon. Seath, who has taught aerodynamics at the yesterday. Of the crew of five men and two The son and grandson of Holocaust sur- University of Texas of Arlington since 1965, women, four had never flown in space before. would be hard pressed to think of a student vivors, Colonel Ramon, 48, was the first cit- CAPT. DAVID M. BROWN—A CIRCUS PERFORMER who on first meeting seemed less likely to go izen of his country to go into space. The ac- AND A TOP AVIATOR into space than Kalpana Chawla. It was not complishment, he said in an interview in Trapeze artist. Stilt walker. Test pilot. mid-January, was not his alone. that she lacked brilliance. ‘‘She was a very good student, quite excellent,’’ Mr. Seath David M. Brown had a special blend of the ‘‘Every time you are the first, it is mean- right stuff. And a bucket of humility to go ingful,’’ he said. ‘‘I am told my flight is said in a telephone interview. ‘‘She was in my aerodynamics class, and she performed along with it. meaningful to a lot of Jewish people around ‘‘He was one of those guys who filled all exceedingly well. She was very bright.’’ the world. Being the first Israeli astronaut, I the squares to be where he was,’’ said Bob What she did not have was the brash atti- feel I am representing all Jews and all Ryan, another pilot-doctor who knew Dr. tude most aspiring astronauts displayed. Israelis.’’ ‘‘She was quiet and modest,’’ Mr. Seath Brown from a flight surgeons’ organization. On the shuttle, where he presided over an said. ‘‘When I heard she had been accepted ‘‘But he was quiet about it. You’d never hear Israeli project to collect images of dust into the program to become a astronaut I Dave beating his own drum.’’ storms to gauge their impact on climate, Dr. Brown, 46, grew up in Arlington, Va. He was thrilled but also surprised.’’ She just did Colonel Ramon carried a special keepsake. was a star gymnast on the parallel bars at not seem to fit the type, he said. It was a small Torah scroll used at the bar But Dr. Chawla, 41, never lacked deter- Yorktown High School and went on to earn mitzvah of the project’s principal investi- mination, those who knew her said. From a letter at William and Mary. He also joined gator, Dr. Joachim Joseph, almost 60 years her childhood in Karnal, a small-town about the circus, performing as an acrobat, ago while he was in a Nazi concentration 80 miles north of New Delhi, she nursed a unicyclist and stilt walker, all the while camp. The elderly rabbi performing the cere- lifelong dream to go into space. She early on earning top marks in biology. Dr. Brown, a 46-year-old doctor who died mony, who died soon afterward in the camp, set her sights on an American education that about the space shuttle Columbia yesterday, gave the Torah to the boy and told him to would take her up into the air. began his gravity defying days in Arlington, tell people what had happened there. ‘‘I was interested in aerospace and flying, VA., where he starred on the Yorktown High Dr. Joseph said Colonel Ramon saw the and the U.S. is really the best place in the School gymnastics team. He went on to join Torah when visiting his home and was so world for flying,’’ she told the University of the circus while studying biology at the Col- moved by the story that he asked to take it Texas at Arlington magazine in 1998. into space as a tribute. Dr. Chawla was a brilliant student, always lege of William and Mary. He was an acrobat, Before the launching, most of the atten- in the top five of her class, those who knew unicyclist and stilt walker. ‘‘I always let him dream,’’ said his mother, tion paid to the mission centered on security her said. After getting an engineering degree and efforts to keep the shuttle and its crew Dot. from Punjab Engineering College in 1982, she He attended Eastern Virginia Medical safe from any terrorist attack. Officials at moved to the United States, where she at- NASA acknowledged that the presence of an School and signed up with the Navy after- tended the University of Texas at Arlington, wards. Israeli astronaut had only intensified the then got a doctorate in aerospace engineer- heightened security they had imposed since He was sent to a military hospital in Alas- ing from the University of Colorado. Along ka, and then served on an aircraft carrier. In Sept. 11, 2001. the way she became a citizen of the United But Colonel Ramon and his crewmates said 1988, Dr. Brown was selected for pilot train- States. ing, a rarity for Navy doctors. He graduated they were not unduly concerned about their In 1994, NASA selected her and 19 other safety, and they concentrated on keeping up No. 1 in his naval aviation class. people from a group of 4,000 other applicants He flew F–18 Hornet jet fighters, A–6E In- their training for their much-delayed re- to its astronaut program. On Nov. 19, 1997, truder aircraft and the high performance T– search mission, Colonel Ramon, who spent she became the first Indian-born woman in 38 Talon, known as the white rocket. He more than four years preparing for the space. She was assigned to the shuttle Co- joined the Navy test pilot school in 1995 and flight, saw it repeatedly postponed by high- lumbia as a mission specialist and prime was chosen for the astronaut program the er-priority missions and problems that peri- robotic arm operator. next year. It was his third try. His creden- odically grounded the shuttle fleet. The flight was not without mishaps. As tials in biology and medicine helped land ‘‘I have a lot of patience,’’ he said with a robotic arm operator she was unable to re- him a spot on the Columbia mission, which smile before the launching, ‘‘but now I’m trieve the 3,000 pound Spartan satellite, focused on scientific research. ready to go.’’ which spun away after the shuttle released Dr. Brown was hooked on space, friends Ilan Ramon was born on June 20, 1954, in a it, and astronauts had to go out on a space said. He had a telescope in his living room, Tel Aviv suburb and, after graduating from walk three days later to retrieve it. The mis- aimed at the moon. Some nights, he would high school in 1972, attended the Israel Air take shook her confidence, and she feared jump in his single-engine plane and fly the 50 force Flight School. He became a fighter her space career was over. But her concern miles from Houston, where he lived, to Gal- pilot and logged more than 4,000 hours in was misplaced. veston to attend astronomy club meetings. various combat aircraft. He fought in the ‘‘Some of the senior people, the very senior ‘‘As we were flying through the night, Yom Kippur war of 1973 and in the Lebanon astronauts, shook my hand and said, ‘K.C., Dave would point out all the stars and neb- conflict in 1982. you did a great job. Don’t let anyone tell you ula,’’ said Dwight Holland, an Air Force pilot He received a bachelor of science degree in different,’ ‘‘Dr. Chawla told the University of and friend. ‘‘He loved it.’’ electronics and computer engineering from Texas at Arlington Magazine. A NASA in- Solidly built with wholesome looks, Dr. the University of Tel Aviv in 1987, and in 1994 quiry later determined that the shuttle crew Brown had never been married. His closest was promoted to colonel and assigned to had made a series of errors that caused the companion was his 14-year-old dog, Duggins, head the air force’s weapons development satellite to malfunction. who died two days before the shuttle lifted and acquisition division. In New Delhi, relatives of Dr. Chawla gath- off. Colonel Ramon was selected as an astro- ered to hear news and mourn together. His parents live on a mountaintop in rural naut candidate in 1997 as a result of a science ‘‘Whenever you are involved in such tasks, Virginia. Yesterday, they shared the last e- agreement two years earlier between Presi- one should be prepared for such things,’’ said mail they received from him. dent Bill Clinton and Shimon Peres, then the Anjay Chawla, Dr. Chawla’s brother, his ‘‘My most moving moment was reading a Israeli foreign minister. He and his wife, voice choking as he spoke to reporters. ‘‘If it letter that Ilan Ramon brought from a Holo- Rona, moved to Houston in 1998 so he could could happen to others it could happen to caust survivor whose seven-year-old daugh- begin training at the Johnson Space Center. you as well. This time it happened to us.’’ ter died,’’ Dr. Brown wrote. ‘‘I was stunned

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A04FE6.017 S04PT1 February 4, 2003 CONGRESSIONAL RECORD — SENATE S1861 such a beautiful planet could harbor such other hardware from the Endeavour to the on time. We hope we can do whatever meas- bad things.’’ Mir. ures are necessary to get us into bed.’’ He was married to the former Sandra Lynn Commander McCool was married and had [From the New York Times, Feb. 2, 2003] Hawkins. three sons. LOSS OF THE SHUTTLE: THE ASTRONAUTS; THE While Colonel Anderson was a role model Ms. SNOWE. Mr. President, America in Spokane as one of the few black astro- COLUMBIA SPACE SHUTTLE’S CREW OF 6 and the world watched with equal AMERICANS AND 1 ISRAELI nauts, he would have stood out even if he had never gone to space, friends said. measures of shock and sadness on the (By Timothy Egan) ‘‘If you know what the character of an morning of February 1, as the Shuttle Seven astronauts, six Americans and an eagle is like, that is Michael Anderson,’’ said Columbia was lost and seven heroes per- Israeli, died aboard the shuttle Columbia Mr. Freeman. ‘‘He was an eagle among ished in the skies over Texas. yesterday. Of the crew of five men and two chickens.’’ At this most somber of times, we women, four had never flown in space before. pray for the souls of the seven astro- LT. COL. MICHAEL P. ANDERSON—A SOURCE OF [From the New York Times, Feb. 2, 2003] nauts, as well as the families of those HOPE FOR CHILDREN LOSS OF THE SHUTTLE: THE ASTRONAUTS; THE who gave their lives to advance human- Whenever Happy Watkins wanted to in- COLUMBIA SPACE SHUTTLE’S CREW OF 6 kind. We also extend our most pro- spire black children in Spokane, an over- AMERICANS AND 1 ISRAELI found sympathies to all Israelis as they whelmingly white city in eastern Wash- (By Alan Feuer) mourn their fallen countryman, the ington, he would reach into his wallet and Seven astronauts, six Americans and an first Israeli astronaut. Their boundless pull out an autographed picture of Lt. Col. Israeli, died aboard the shuttle Columbia Michael P. Anderson of the Air Force, the joy has turned to the deepest sorrow, yesterday. Of the crew of five men and two and we share in their terrible loss. black astronaut who grew up in their town women, four had never flown in space before. and died on the space shuttle Columbia Cmdr. William C. McCool: Carrying a Me- Today, we remember Rick D. Hus- today. ‘‘These kids, some of them have no mento Of Home on Mission band, commander; William C. McCool, hope, and their eyes would light up when When Cmdr. William C. McCool of the pilot; Michael P. Anderson, payload they saw this picture,’’ said Mr. Watkins, Navy, the pilot of the space shuttle Colum- commander; David M. Brown, mission who taught young Michael Anderson in the bia, took off on Jan. 16, he carried a piece of specialist; Kalpana Chawla, mission Sunday school at Morning Star Baptist his hometown with him: a spirit towel for Church in Spokane. specialist; Laura Blair Salton Clark, the Coronado Mustangs, his high school foot- mission specialist; and Ilan Ramon, ‘‘This picture said it all—he’s black, he’s ball team in Lubbock, Tex. Commander an astronaut—it was a huge motivator,’’ Mr. McCool, 41, had always been a football fan. payload specialist. Their names are no Watkins said in an interview. He told The Associated Press in an interview longer of the pedestrian Earth, they Born on Christmas Day 1959 in Platts- that he was rooting for the Oakland Raiders now belong to the ages, forever etched burgh, N.Y., the son of an Air Force service- in last Sunday’s Super Bowl, having grown in the halls of history. man, Colonel Anderson dreamed of the cos- up in San Diego. We can scarcely comprehend the dan- mos, and space flight, from the time he was He was an athlete—a runner, swimmer and gers which they accepted daily as the a boy and got his first toy airplane at age 3. a back-country camper—and played the gui- He was a fan of Star Trek, and early on, he price for making a difference in the tar and chess. He was even known to play world. For most of us, we could not memorized the names of most of the Amer- chess via e-mail with crew members of the ican astronauts. He watched the Moon land- international space station. imagine a life so punctuated by peril. ing when he was a 9-year-old, and the excite- He was also something of a cutup, those For them, they could not imagine life ment never left him, he said later. who knew him said. in any other form, and it is we who are He never doubted he would be an astro- ‘‘Willie had one of the best senses of humor the beneficiaries of their courage. naut. ‘‘I can’t remember ever thinking that of any kid you’d ever seen,’’ said Ed Jarman, For those who exist on the vanguard I couldn’t do it,’’ Colonel Anderson said in an who taught Commander McCool’s high of human endeavor, we reserve our interview with the University of Washington school chemistry class. ‘‘He could rig up the alumni newsletter in 1998. ‘‘I never had any highest regard and greatest respect. most comical ways of explaining scientific For it is they who set new standards by serious doubts about it. It was just a matter principles.’’ of when.’’ Mr. Jarman said Commander McCool was challenging old limits. It is they who But on the eve of his last flight, Colonel highly dependable. ‘‘If I needed trash picked embrace the ultimate risk in exchange Anderson did talk about the risk of space up on the school grounds, I’d make him a for mapping the realm of possibility. flight. committee of one.’’ We can no more place ourselves in ‘‘There’s always that unknown,’’ he said to He had always been interested in joining in their minds and hearts than we can reporters just before the Columbia lifted off the Navy, Mr. Jarman said; his father was a imagine what it is like to stand on a on Jan. 16. chief petty officer in the Navy. Colonel Anderson’s parents, Bobbie and street corner in a city we have never Commander McCool graduated second in seen. We occupy a different space in Barbara Anderson, live in Spokane. The fam- his 1983 class at the Naval Academy, where ily moved to the area about 30 years ago, he ran with the cross-country track team. the world. But we know and can appre- friends said, because Bobbie Anderson was The commander of his mission, Rick D. ciate the fruits of their extraordinary assigned to the Fairchild Air Force Base Husband, was also from Lubbock, and the labor, and that is probably all they about 25 miles from Spokane. Michael An- town was in mourning yesterday. would ever ask of us. derson went to school in Cheney, a farm The Columbia mission was Commander The Space Shuttle Columbia, on mis- town next to the base. McCool’s first trip into space. He was an ex- sion STS–107, was dedicated to research Today, inside Cheney High School is a perienced test pilot, one of the Navy’s elite in the space, life, and physical plaque and picture of Colonel Anderson, the airmen, and had logged more than 2,800 astronaut who never wavered in his dreams. flight hours. sciences. The seven astronauts worked ‘‘Michael’s always been an amazingly Commander McCool was chosen by NASA around the clock, for 16 days, to carry strong, focused guy,’’ said the Rev. Freeman for its astronaut program in 1996 and com- out studies in the areas of astronaut Simon, who has known the family for about pleted two years of training. He was sched- health and safety, advanced technology 25 years, and attended the same church with uled for a shuttle mission in June 2001, but it development, and Earth and space them. ‘‘He is strange in one respect: he was was delayed. sciences. It is true they carried with the guy who always seemed to know what he Asked then by The Lubbock Avalanche- them experiments designed to expand wanted, and could translate his thinking Journal if the scratched mission troubled the store of human knowledge. But into action.’’ him, he was optimistic. After Cheney High School, Colonel Ander- ‘‘From a rookie point of view, the delays they also carried with them the pride son got a bachelor of science degree in phys- are probably good,’’ he said. ‘‘I feel like of the United States and Israel, and the ics and astronomy at the University of going through the training flow essentially a hopes of the people of our two great na- Washington, in Seattle. He earned a master’s second time a little less like a rookie and a tions for a brighter and better tomor- degree in physics in 1990 at Creighton Uni- little bit more like a veteran.’’ row. versity. In the same interview he said one of the Our hearts are now heavy, but our In 1994, while stationed at Plattsburgh Air hardest parts of his mission would be work- pride and our hope are not diminished, Force Base, he was chosen for the space ing on a split-duty around-the-clock sched- far from it. Indeed, the spirit rep- shuttle program, one of 19 candidates se- ule: half of the shuttle crew members lected that year from among 2,962 applicants. worked, while the other half slept. resented by Columbia cannot be van- He was on the Shuttle-Mir docking mission ‘‘I think it’s going to be very difficult,’’ he quished by such crude and earthly in- in 1998, when the crew transferred more than said. ‘‘That’s why we’re focusing now in ad- struments as physics or fire. Rather, 9,000 pounds of scientific equipment and vance on doing everything very efficiently the spirit embodied by her and her

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\A04FE6.020 S04PT1 S1862 CONGRESSIONAL RECORD — SENATE February 4, 2003 crew is of a higher, infinitely more du- specialist who conducted numerous warming, weather patterns, and the ef- rable plane, where the finest of human medical experiments, often using her- fects of weightlessness on the human ideals and pursuits never die, but only self as a test subject. body, aided in the understanding of dis- grow stronger with the passing of the An e-mail message that Dr. Clark ease, and exponentially increased our days. sent to her brother from space noted understanding of the universe. It would In moving forward, we must now as- that she enjoyed looking down on her be impossible to quantify the knowl- certain what went wrong, and take home planet and seeing familiar sights edge we have gained from sending men every conceivable step to ensure it is such as Wind Point on Lake Michigan. and women into space. never repeated for the sake of those Dr. Clark’s professional journey took Space flight brings out the best in us. who, in the years ahead, will once more her from the depths of the Earth’s It challenges us to think big, to strive ride into the breach of space. As Presi- oceans to the vast reaches of outer for greatness, and to work together to dent Bush has said, ‘‘The cause in space. She truly reached for the stars achieve the most important goals. which they died will continue. Man- and made incredible contributions to There is no doubt in my mind that we kind is led into the darkness beyond our country. Dr. Laurel Clark and her should continue these missions and our world by the inspiration of dis- crewmates were tragically taken from prepare the next generation of astro- covery and the longing to understand. us too soon, and we will always treas- nauts for the challenges that lay Our journey into space will go on.’’ ure her legacy of scientific exploration ahead. To be sure, there is great risk. Perhaps that is best way for us to and discovery and her commitment to However, if it weren’t difficult, if it honor the memory of those seven as- her family, friends, and country. didn’t promise to improve the quality tronauts who never returned from Co- Mr. KERRY. Mr. President, I rise of our lives and our understanding of lumbia. today to pay tribute to the men and the world, then it wouldn’t be worth Robert F. Kennedy once said, ‘‘There women who lost their lives on the doing. Yesterday the families of the are those who look at things the way space shuttle Columbia and offer my Columbia 7 issued a statement express- they are, and ask why . . . I dream of condolences to their families and to ing that sentiment: ‘‘Although we things that never were, and ask why the entire NASA community. Like all grieve deeply, as do the families of not?’’ That is the credo by which the Americans, they are in my thoughts Apollo 1 and Challenger before us, the seven astronauts of Columbia lived and prayers during this difficult time. bold exploration of space must go on.’’ their lives, and their legacy will be re- Early Saturday morning, the crew of This tragedy has touched each and membered as long as greatness is re- the Columbia was preparing to reenter every one of us. These selfless heroes vered. the Earth’s atmosphere after a 16-day were dedicated to a cause greater then Again, I join with my colleagues and mission to conduct scientific experi- themselves. They were passionate all of America in expressing my deep- ments. Five of the seven astronauts about space flight, passionate about est appreciation, and my most sincere were on their first space flight. By all their mission, and were committed to condolences to the families. Our accounts, the mission had been a suc- making life better for all of us. They thoughts and prayers are with them. cess, and some of the astronauts jok- will be missed, and they will never be May God grant them strength and com- ingly complained to mission control- forgotten. fort as He welcomes home the crew of lers about having to come home. The Mr. CONRAD. Mr. President, I would Columbia. crew included Dr. Kalpana Chawla, a like to include a few words for the Mr. FEINGOLD. Mr. President, I rise mechanical engineer and Indian immi- RECORD about the horrible tragedy that today with a heavy heart to mourn the grant, William McCool, a Navy test our Nation suffered on Saturday morn- loss of a fellow Wisconsinite, a wife, pilot, Dr. David Brown, a Navy physi- ing. Our Nation grieves for the brave mother, daughter, sister, and friend. cian, COL Ilan Ramon, an Israeli fight- astronauts that lost their lives on the This extraordinary woman, Laurel er pilot, Laurel Clark, a Navy flight Space Shuttle Columbia. My thoughts, Clark of Racine, WI, was a physician, a surgeon, and two veterans of the space and the thoughts of all North Dako- Navy Commander, and an astronaut program, Mission Commander Rick tans, are with the families and friends who was flying her first space mission Husband and Payload Commander Mi- of the seven crew members who died in aboard the Space Shuttle Columbia. chael Anderson. Fourteen minutes into the skies over Texas and Louisiana. When that craft broke apart over the reentry, as the shuttle passed through Rick Husband, Michael Anderson, blue Texas sky on Saturday morning, the upper atmosphere and reached tem- Laurel Clark, David Brown, William we lost this incredible woman and her peratures as hot as 2,000 degrees, it McCool, Kalpana Chawla, Ilan Ramon. six crew mates. I extend my deepest broke apart above northern Texas, tak- These men and women came from sympathy to Dr. Clark’s husband and ing these seven remarkable individuals around the country and around the son and to her family and friends. down with it. world to risk their lives, and ulti- Dr. Clark, the oldest of four children, This was a world tragedy as much as mately give their lives, for human was born in Iowa and grew up in it was an American tragedy. The crew space flight and all that it can offer. Racine, WI. She graduated from Wil- of the Columbia reflected our diverse Mr. Ramon was a colonel in the Israeli liam Horlick High School in 1979 and planet as much as it did a cross section Air Force. Dr. Chawla was an American went on to attend the University of of America. Dr. Chawla was a hero in born in India. The others came to- Wisconsin-Madison, where she studied her native India, as was COL Ramon in gether from across the United States. zoology and was an active member of Israel. Both were on their first space Their mission was one of cooperation, Gamma Phi Beta Sorority. She earned flight. Millions of people around the research, and discovery. In these trou- her undergraduate degree in 1983, and world reacted in horror as they bled times when we talk of war every her medical degree, also from the Uni- watched footage of the Columbia day, their mission was, significantly, a versity of Wisconsin, in 1987. streaking across the Texas sky. They mission of peace. Dr. Clark joined the U.S. Navy after share in our deep sense of grief. I have always said that, when done medical school and became a diving I am confident we will complete an right, space exploration can be of tre- doctor, participating a number of sub- exhaustive investigation to determine mendous benefit to those of us on the marine missions. She was selected to what went wrong. All questions need to ground. The cutting edge research that train as an astronaut in 1996, and she be answered before we send our best NASA conducts in space, including the and her husband relocated to Houston, and brightest back into space. How- research performed by these seven TX, home of the Johnson Space Center. ever, I firmly believe that we must brave individuals on Columbia, simply Dr. Clark’s first shuttle mission was press on. We must continue the explo- could not happen on the surface of the postponed several times, and after ration of space. I have always sup- Earth. Now, we are reminded not only years of training and anticipation, she ported the space program because I be- of how difficult and how important this and her crewmates lifted off from Cape lieve it is in the best interests of man- research is, but also just how dan- Canaveral on January 16 for a 16-day kind to unlock the mysteries of life on gerous it is. microgravity research mission. Aboard earth and beyond. The shuttle missions In my State, we understand this first the Columbia, Dr. Clark was a mission have helped us understand global hand. In North Dakota, we are proud to

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G04FE6.037 S04PT1 February 4, 2003 CONGRESSIONAL RECORD — SENATE S1863 say that we have more astronauts per ministrator Sean O’Keefe, he spent that he could not remember a time capita than any other State. James much of our time together discussing when he did not want to be an astro- Buchli, Tony England, and Richard the ways that NASA is working to ex- naut. Hieb all hail from North Dakota. One cite students about math and science. He graduated from the University of of them, Mr. Hieb, flew on Columbia This is vital work. It must continue. Washington in 1981 with a degree in back in 1994. Although Congress and NASA are physics and astronomy and, following In North Dakota, we are grieving now getting on with the business of in- in his father’s footsteps, was commis- over the loss of the seven members of vestigating what went wrong, nothing sioned a second lieutenant in the Air Columbia’s last mission. But, I am con- should deter us from the important Force. fident that human space flight will missions of our national space pro- While stationed at Offutt Air Force continue even in the wake of this dis- gram. I join with my colleagues today Base in Nebraska in 1990, Anderson aster. Across this country, and espe- in saluting the Columbia astronauts earned a master’s degree in physics cially at NASA, there is a ‘‘can-do’’ at- and those at NASA who make it pos- from Omaha’s Creighton University. titude that will allow us to forge sible for us to explore our universe. In 1994, he was selected to join NASA ahead. It is this spirit that will allow Mrs. FEINSTEIN. Mr. President, I as a potential future astronaut. In Jan- us to move forward with resilience rise today to commemorate the lives of uary 1998, he made his first flight, after this horrible tragedy. the seven astronauts who gave their aboard the space shuttle Endeavour, Mr. CRAIG. Mr. President, like many lives Saturday when the spacecraft Co- traveling 3.6 million miles during 138 of my colleagues, I wish to discuss the lumbia was lost as it returned to Earth. orbits of the Earth to reach the Mir national tragedy that occurred on Sat- The names of those manning the shut- space station. urday morning and to pay tribute to tle will be ingrained in our minds and LTC Michael Anderson leaves behind the seven brave men and women who in our hearts: CDR Rick Husband, CDR his wife and two daughters. lost their lives in the space shuttle Co- William McCool, LTC Michael Ander- CDR Laurel Clark always excelled at lumbia disaster. son, CDR Laurel Clark, CAPT David school, and her classmates remember Just like people around the country, Brown, Dr. Kalpana Chawla, and COL her for her fun-loving and adventurous I was beginning my day on Saturday Ilan Ramon, of the Israeli Air Force. spirit. and tuning into the news programs The crew of the Columbia shared a After Commander Clark graduated when I learned that NASA had lost love of flying and a sense of adventure from the University of Wisconsin-Madi- contact with the Shuttle Columbia. I that spurred each to strive for excel- son, she joined the Navy to pay her was riveted to the developments as lence and reach for space. way through medical school, but they unfolded on television and was CDR Rick Husband knew from the stayed with the Navy for the series of devastated when our President ad- time he was 4 years old and watched adventures it offered her in her career. dressed the Nation, announcing what his first shuttle launch that he wanted While in the Navy, Commander Clark we all suspected at that point, ‘‘The to be an astronaut. became a submarine medical officer, Columbia is lost; There are no sur- He was commissioned a second lieu- dove with Navy SEALS in Scotland, vivors.’’ tenant in the Air Force and attended and earned her flight surgeon’s wings My heart and prayers go out to the pilot training at Vance Air Force Base before finally applying to NASA for as- crew of the Space Shuttle Columbia and in Oklahoma. He later served as a test tronaut training. their families. While space travel has pilot for all five models of the F–15. While orbiting the Earth, Com- in some ways become routine to the Commander Husband logged more than mander Clark remarked on the beauty American public, this tragedy is a vivid 3,800 hours of flight time in more than of watching sunsets from space. reminder of the inherent risks these 40 types of aircraft. She leaves behind her husband and brave men and women undertake to Commander Husband studied me- her son. pursue the boundaries of space and chanical engineering at Fresno State CAPT David Brown loved to fly kites science. On this day, and in the future, University in California through an ex- as a child, and would gaze at the stars they deserve to be remembered for the tension program at nearby Edwards Air with friends from a backyard telescope. lives they lived and I hope we will do Force Base. On the flight, Commander Captain Brown grew up in Arlington, that. Husband carried a Fresno State Bull- VA, and earned a bachelor’s degree in In the days that have followed the dogs sweatshirt, as a memento. He biology from the College of William tragedy, we have all become familiar graduated with a master’s degree in and Mary, where he worked two jobs so with the backgrounds of the Columbia 1990. Four years later, NASA selected he could take flying lessons. astronauts. They were men and women Husband as an astronaut candidate. He then earned a medical degree of such accomplishment and capability He leaves behind his wife, and his two from Eastern Virginia Medical School that it begins to make the extraor- children. in Norfolk, before joining the Navy. dinary seem ordinary, but such a char- Born in San Diego, CA, CDR William Captain Brown served as a flight sur- acterization is not fair to them. Our as- McCool was the son of a Navy and Ma- geon in the Navy and joined NASA in tronaut corps continues to attract the rine aviator who built model airplanes 1996. best of the best, and to require an un- as a youngster. His family and friends remember him paralleled standard of achievement and Commander McCool studied aero- as a person who ‘‘grabbed life,’’ saying excellence. For many shuttle astro- space engineering at the U.S. Naval that he could and did accomplish any- nauts, the opportunity to participate Academy, and was elected captain of thing he set out to do. in a shuttle mission is the dream of a the cross-country running team his Dr. Kalpana Chawla fell in love with lifetime and for all of them, it is the senior year. He graduated second in his the idea of flying as a young girl in culmination of a lifetime of hard work. class from the Naval Academy. India. I remember my excitement as a Commander McCool received a mas- She graduated from the Tagore Bal child, clipping articles about the Mer- ter’s degree in computer science from Niketan School in her small hometown cury missions and hanging them on the the University of Maryland in 1985 and of Karnal and then got a bachelor’s de- bulletin board in my bedroom. Today, a master’s in aeronautical engineering gree in aeronautical engineering from Idaho’s school children do the same at the U.S. Naval Postgraduate School Punjab Engineering College. with articles about the International in 1992. She left India for the United States, Space Station and the missions of our He attended flight school in Pensa- earning a master’s degree from the space shuttle fleet. Many kids follow cola, FL, and worked as a test pilot at University of Texas and a doctorate in the progress of various NASA missions the Patuxent River Naval Air Station aerospace engineering from the Univer- in their classrooms. NASA considers in southern Maryland. sity of Colorado. this educational outreach a critical, Commander McCool leaves behind a Dr. Chawla then worked as a sci- core mission and a major purpose for wife and two children. entist at the NASA Ames research lab- its existence as an agency. In fact, in a LTC Michael Anderson always oratory in California before joining the recent meeting I had with NASA Ad- dreamed of space flight and once said astronaut program in 1995.

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G04FE6.011 S04PT1 S1864 CONGRESSIONAL RECORD — SENATE February 4, 2003 Dr. Chawla was a member of the West lumbia left behind. As we search for the my judgment it would be better not to Valley Flying Club in Palo Alto who reasons this tragedy occurred, it can- go at all.’’ loved doing aerial acrobatics over the not be forgotten that each member was In the spirit of John Glenn, Neil Bay Area. a son or daughter, a mother or father, Armstrong, and our other space pio- She leaves behind her husband. a brother or sister, a dear friend. The neers, astronauts must once again be COL Ilan Ramon was a bona fide thoughts and prayers of the American sent soaring through the Earth’s at- combat hero in Israel, flying missions people, and of the world, are with them mosphere to explore and discover.∑ in the Yom Kippur War in 1973, and the as they endure the pain of this loss. f Lebanon war in 1982. The crew of the Space Shuttle Colum- MORNING BUSINESS In recent days, he lifted the spirits of bia embodied the human desire to ex- his country, becoming a national hero plore, to reach, and to dream. Their Mr. ALLEN. Mr. President, I ask as the first Israeli in space. courage, idealism, and enthusiasm for unanimous consent that the Senate As a pilot, Colonel Ramon clocked discovery are hallmarks of the Amer- proceed to a period of morning busi- more than 4,000 hours in combat air- ican spirit which should be remem- ness. craft, and was an F–16 squadron com- bered and celebrated, even as we grieve The PRESIDING OFFICER. Without mander. their loss. objection, it is so ordered. Aboard the Columbia, one of Ramon’s (At the request of Mr. DASCHLE, the f scientific experiments involved track- following statement was ordered to be RULES OF THE COMMITTEE ON ing sandstorms in the Sahara Desert, printed in the RECORD.) INDIAN AFFAIRS and studying their impact on climate ∑ Mr. GRAHAM. Mr. President, twice and environment. now we have witnessed the horror of Mr. CAMPBELL. Mr. President, Sen- He leaves behind his wife and four vapor trails separating in the sky. ate Standing Rule XXVI requires each children. Twice now we have gazed in shock at committee to adopt rules to govern the Each of the astronauts knew the photographs of the optimistic faces of procedures of that committee and to risks involved in space flight. But they seven young heroes, captured as they publish those rules in the CONGRES- took those risks willingly in order to stood at the brink of one of mankind’s SIONAL RECORD not later than March 1 follow their dreams, knowing that greatest adventures. of the first year of each Congress. On their mission was a noble one of Twice now we have endured the loss January 29, 2003, the Committee on In- science and discovery. of a space shuttle and its valiant crew: dian Affairs held a business meeting What remains for us, as a nation, is First, Challenger on January 28, 1986, at during which the members of the com- to determine the cause of this tragedy, the start of a landmark voyage dedi- mittee unanimously adopted rules to make adjustments so that it will not cated to teaching a new generation govern the procedures of the Com- happen again, and continue the explo- about space. Now, 17 years and 4 days mittee. Consistent with Standing Rule ration of space. later, Columbia on February 1, 2003, at XXVI, I ask unanimous consent to NASA Administrator Sean O’Keefe the conclusion of a successful scientific have printed in the RECORD a copy of has already assigned several internal mission. the Rules of the Senate Committee on units to investigate the loss of the Co- Both incidents remind us that space Indian Affairs. lumbia, including a ‘‘Mishap Response exploration is fraught with risk, but There being no objection, the mate- Team’’ and a ‘‘Contingency Action also with limitless possibility. Even as rial was ordered to be printed in the Team.’’ we mourn the loss of Columbia’s crew of RECORD, as follows: In addition, Administrator O’Keefe seven brave heroes, including the first RULES OF THE COMMITTEE ON INDIAN AFFAIRS announced the formation of an inde- astronaut from Israel, we must rededi- Rule 1. The Standing Rules of the Senate, pendent board led by Harold W. cate ourselves to continuing to pursue Senate Resolution 4, and the provisions of Gehman, who cochaired the probe of knowledge of the heavens and the bene- the Legislative Reorganization Act of 1946, the October 2000 terrorist attack on the fits we derive from our research. as amended by the Legislative Reorganiza- USS Cole in Yemen. We in Florida feel the losses most in- tion Act of 1970, to the extent the provisions of such Act are applicable to the Committee I think that the way NASA has acted tensely. My State is home to the Ken- on Indian Affairs and supplemented by these in the past few days is a marked im- nedy Space Center and thousands of rules, are adopted as the rules of the Com- provement to the way the investiga- the dedicated professionals who work mittee. tion into the 1986 Challenger explosion for NASA as well as its contractors. MEETINGS OF THE COMMITTEE was handled. Floridians consider ourselves part of Rule 2. The Committee shall meet on the Information has been disseminated the special family that makes up the first Tuesday of each month while the Con- quickly, which gives me hope that a space program. We launched the Colum- gress is in session for the purpose of con- fair and prompt investigation will bia on its 16-day mission, and we were ducting business, unless for the convenience yield the causes for the loss of the Co- ready to welcome her crew home. of the Members, the Chairman shall set some lumbia. Now, Floridians are firm in our belief other day for a meeting. Additional meetings The space program must continue. that, just as we did in the 1980s, we may be called by the Chairman as he may The American legacy is filled with sto- must fully explore the causes of Satur- deem necessary. ries of exploration, and the desire to day’s disaster. We must identify what OPEN HEARINGS AND MEETINGS push new frontiers to the limit. went wrong and fix it. We must ensure Rule 3. Hearings and business meetings of There is so much to learn from space. the safety of the remaining three orbit- the Committee shall be open to the public This tragedy will not stifle the desire ers and future astronauts. except when the Chairman by a majority vote orders a closed hearing or meeting. to acquire all the potential knowledge But then we recommit ourselves to we could gain as a country, and as a returning to space, to resuming HEARING PROCEDURE planet, from exploration beyond Earth. launches, to continuing to build the Rule 4(a). Public notice shall be given of The risks, however, will always be International Space Station, and to the date, place and subject matter of any hearing to be held by the Committee at least present. In a way, space exploration forging ahead with missions to Mars one week in advance of such hearing unless means continually breaking new and other planets. the Chairman of the Committee determines ground, and taking those risks. We are already hearing cautious that the hearing is noncontroversial or that The hardest part of these losses, is voices calling for spacecraft to be pi- special circumstances require expedited pro- the human loss. The astronauts aboard loted by robots, or even insisting that cedures and a majority of the Committee in- the Columbia were men and women at no new money be spent on space. I say volved concurs. In no case shall a hearing be their prime. They put their hearts and that is wrong. On May 25, 1961, when conducted with less than 24 hours notice. souls into this mission, were the best President John F. Kennedy declared it (b). Each witness who is to appear before the Committee shall file with the Com- and brightest of their peers, and still a national goal to land a man on the mittee, at least 72 hours in advance of the this catastrophe befell them. Moon, he did so with these words: ‘‘If hearing, an original, printed version of his or My heart goes out to the families we are to go only half way, or reduce her written testimony. In addition, each wit- that the crew of the Space Shuttle Co- our sights in the face of difficulty, in ness shall provide an electronic copy of the

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G04FE6.042 S04PT1 February 4, 2003 CONGRESSIONAL RECORD — SENATE S1865 testimony on a computer disk formatted and racy. All such statements shall be made pub- manufacturer of .50 caliber sniper ri- suitable for use by the Committee. Further, lic by the Committee unless the Committee, fles, Barrett Firearms. According to each witness is required to submit by way of in executive session, determines that special the VPC report, a brochure advertising electronic mail, one copy of his or her testi- circumstances require a full or partial excep- the .50 caliber sniper rifle states, ‘‘The mony in a format determined by the Com- tion to this rule. Members of the Committee mittee and sent to an electronic mail address are urged to make public a complete disclo- cost-effectiveness of the Model 82A1 specified by the Committee. sure of their financial interests on forms to cannot be overemphasized when a (c). Each member shall be limited to five be perfected by the Committee in the man- round of ammunition purchased for (5) minutes in questioning of any witness ner required in the case of Presidential less than 10USD—U.S. Dollars—can be until such times as all Members who so de- nominees. used to destroy or disable a modern jet sire have had an opportunity to question the CONFIDENTIAL TESTIMONY aircraft.’’ witness unless the Committee shall decide Rule 9. No confidential testimony taken I believe the easy availability and otherwise. by, or confidential material presented to the the increased popularity of the .50 cal- (d). The Chairman and Vice Chairman or Committee or any report of the proceedings iber sniper rifle poses a danger to the ranking Majority and Minority Members of a closed Committee hearing or business present at the hearing may each appoint one homeland security, as well as airline meeting shall be made public in whole or in safety. That’s why last year I cospon- Committee staff member to question each part by way of summary, unless authorized witness. Such staff member may question by a majority of the Members of the Com- sored Senator FEINSTEIN’s Military the witness only after all Members present mittee at a business meeting called for the Sniper Weapon Regulation Act. This have completed their questioning of the wit- purpose of making such a determination. bill would change the way .50 caliber ness or at such time as the Chairman and DEFAMATORY STATEMENTS guns are regulated by placing them Vice Chairman or the Ranking Majority and Rule 10. Any person whose name is men- under the requirements of the National Minority Members present may agree. tioned or who is specifically identified in, or Firearms Act. This would subject these BUSINESS MEETING AGENDA who believes that testimony or other evi- weapons to the same regimen of reg- Rule 5(a). A legislative measure or subject dence presented at, an open Committee hear- istration and background checks as shall be included in the agenda of the next ing tends to defame him or her or otherwise other weapons of war, such as machine following business meeting of the Committee adversely affect his or her reputation may guns. This is a necessary step to assur- if a written request by a Member for such in- file with the Committee for its consideration formation has been filed with the Chairman and action a sworn statement of facts rel- ing the safety of Americans. of the Committee at least one week prior to evant to such testimony of evidence. The .50 caliber sniper rifle is among the most powerful, and least regulated, such meeting. Nothing in this rule shall be BROADCASTING OR HEARINGS OR MEETINGS firearms legally available. Tighter reg- construed to limit the authority of the Rule 11. Any meeting or hearing by the Chairman of the Committee to include legis- Committee which is open to the public may ulation is needed. If Senator FEIN- lative measures or subject on the Committee be covered in whole or in part by television, STEIN’s bill is reintroduced, I urge my agenda in the absence of such request. radio broadcast, or still photography. Pho- colleagues to support it. (b). Notice of, and the agenda for, any busi- tographers and reporters using mechanical f ness meeting of the Committee shall be pro- recording, filming, or broadcasting devices vided to each Member and made available to shall position their equipment so as not to IN HONOR OF DR. F. MARIAN the public at least two days prior to such interfere with the sight, vision, and hearing BISHOP meeting, and no new items may be added of Members and staff on the dais or with the Mr. HATCH. Mr. President, I rise after the agenda is published except by the orderly process of the meeting or hearing. approval of a majority of the Members of the today to pay special tribute to a won- AMENDING THE RULES Committee. The Clerk shall promptly notify derful Utah doctor, F. Marian Bishop, Rule 12. These rules may be amended only absent members of any action taken by the Ph.D., M.S.P.H, who has dedicated her by a vote of a majority of all the Members of Committee on matters not included in the life to the practice of family medicine. the Committee in a business meeting of the published agenda. Committee; Provided, that no vote may be Her shining example of service and QUORUM taken on any proposed amendment unless dedication to the health and well being Rule 6(a). Except as provided in sub- such amendment is reproduced in full in the of people across America is truly ex- sections (b) and (c), eight (8) Members shall Committee agenda for such meeting at least traordinary. constitute a quorum for the conduct of busi- seven (7) days in advance of such meeting. Dr. Bishop was recently named the ness of the Committee. Consistent with Sen- f recipient of the John G. Walsh Award ate rules, a quorum is presumed to be by the American Academy of Family .50 CALIBER SNIPER RIFLES present unless the absence of a quorum is Physicians, AFP, because of her dedi- noted by a Member. Mr. LEVIN. Mr. President, last week cated, long-term commitment to fur- (b). A measure may be ordered reported the Violence Policy Center released a from the Committee unless an objection is thering the development of family made by a Member, in which case a recorded report entitled ‘‘Just Like Bird Hunt- practice. This award is one of the high- vote of the Members shall be required. ing: The Threat to Civil Aviation From est honors presented by the Academy. (c). One Member shall constitute a quorum .50 Caliber Sniper Rifles.’’ This report In addition, Dr. Bishop has also re- for the purpose of conducting a hearing or discusses the range and power of the .50 ceived the United States Public Health taking testimony on any measure before the caliber sniper rifle and its ammunition, Service Director’s Award from the Na- Committee. and highlights the potential threat this tional Health Service Corps in 1990; the VOTING weapon poses to airports and aircraft. 2001 Women Who Make A Difference Rule 7(a). A Recorded vote of the Members The idea that terrorists can legally ob- Award from the International Women’s shall be taken upon the request of any Mem- tain these weapons should shake us up Forum; and in 2000 the Society of ber. and force us to act immediately. Teachers of Family Medicine, STFM, (b). Proxy voting shall be permitted on all The .50 caliber sniper rifle is among Foundation created the F. Marian matters, except that proxies may not be the most powerful weapons legally counted for the purpose of determining the Bishop Scholars program to benefit fu- presence of a quorum. Unless further limited, available. According to the VPC’s re- ture students. a proxy shall be exercised only for the date port, a .50 caliber sniper rifle is capable Dr. Bishop is currently a professor for which it is given and upon the terms pub- of accurately hitting a target over a and chairman emeritus of the Depart- lished in the agenda for that date. thousand yards away and the ammuni- ment of Family and Preventative Med- SWORN TESTIMONY AND FINANCIAL STATEMENTS tion available for the .50 caliber in- icine at the University of Utah. The Rule 8. Witnesses in Committee hearings cludes armor-piercing, incendiary and knowledge and enthusiasm she has may be required to give testimony under explosive bullets. The report also cites shared with countless students have oath whenever the Chairman or Vice Chair- the U.S. Army’s manual on urban com- been felt by many and have helped pro- man of the Committee deems it to be nec- bat which states that .50 caliber sniper vide the impetus for many future fam- essary. At any hearing to confirm a Presi- rifles are designed to attack bulk fuel ily practitioners. dential nomination, the testimony of the tanks and other high-value targets Dr. Bishop is a tireless advocate for nominee, and at the request of any Member, the development of family practice and any other witness, shall be under oath. from a distance, using ‘‘their ability to Every nominee shall submit a financial break through all but the thickest has served in many positions to further statement, on forms to be perfected by the shielding material.’’ promote this wonderful field of medi- Committee, which shall be sworn to by the One of the most disturbing parts of cine. She has assumed leadership posi- nominee as to its completeness and accu- the report comes from the leading tions for the Department of Health and

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\A04FE6.025 S04PT1 S1866 CONGRESSIONAL RECORD — SENATE February 4, 2003 Human Services in several areas in- ries with a purpose. The purpose, however, is because of it. Most importantly Cindy gave cluding: peer review; Area Health Edu- not always benign. Malignant myths have delight to anyone who spoke with her on the cation Centers; title VII health profes- their roots in the soil of despair. They are phone. For no gift can match the jolt of good sions; and the External Advisory Panel told by those who do not believe in the possi- news from her joyful voice shouting out: bility of human beings being motivated by ‘‘How are you doing?’’ for Primary Care. She was instru- the desire to do good. The answer, is that thanks to Cindy we are mental in developing the Committee Among the most destructive of cynical doing just fine.∑ for the Departments of Family Medi- myths is that people who work for politi- f cine Grant Reviews and chaired the Na- cians are old corrupt hacks who only care tional Advisory Council on Health Pro- about keeping their bosses in power. Cindy IN RECOGNITION OF THE EFFORTS fessions Education. She is currently Dwyer is living evidence that the cynics are OF THE DELAWARE MENTORING serving as the vice president for the wrong, and what is most wonderful about COUNCIL Washington, DC, is that her story is not ∑ Mr. CARPER. Mr. President, I rise Council on Graduate Medical Edu- unique. cation for the Health Resources and Cindy was 20 years old and a junior in col- today to recognize the good work of Services Administration. lege when she volunteered for a Senate cam- the Delaware Mentoring Council and to She has also served in many capac- paign in South Dakota. Her candidate won celebrate the efforts of mentors across ities in Utah State government includ- and she went back to school. When she fin- our great country. With the designa- ing as: a member of the Utah Task ished, her candidate, now a Senator, called tion of January as National Mentoring Force on Rural Health Policy Develop- to offer her a job. Cindy rolled the dice and Month, we focus national attention on said yes. ment, chairwoman of the Rural Med- In the Senator’s office she met and became the need for mentors, as well as how ical Financial Assistance Committee, friends with a legislative assistant by the each of us—individuals, businesses, and a member of the Preventive Health name of Tom Daschle. She stayed for a few schools and community groups—can Care Services Technical Advisory years and then moved back to South Dakota work together to increase the number Group for the Utah Health Policy Com- to teach kindergarten. Not long after set- of mentors and assure brighter futures mission. tling back into private life her legislative as- for our young people. I am also particularly grateful for sistant friend called to say he was running Mentors serve as role models, advo- for Congress. He offered her a job in his cam- the service Dr. Bishop has given me as cates, friends, and advisors. Numerous paign. Tom Daschle won that race and Cindy studies document that mentors help a member of my Utah Women’s Advi- raced back to DC where she served as his sory Committee. She has been a valu- scheduler. When Tom made a successful run young people augment social skills, en- able asset on this committee providing for Senate in 1986, she moved over to his Sen- hance emotional well-being, improve me with input and excellent ideas con- ate office to become his press secretary. cognitive skills, and plan for the fu- cerning women’s health issues. And that is where I come into her story. In ture. For some children, having a car- Dr. Bishop can also add author to her late 1987 I decided I would become a can- ing adult mentor to turn to for guid- long list of accomplishments. She has didate for U.S. Senate. I had learned enough ance and encouragement can make the to know that my most important hire would crucial difference between success and published several important articles in be the person who did my scheduling and I such prestigious publications as: the learned that Cindy just might be willing to failure in life. British Journal of Medical Education, join our campaign. Fortunately for me and Delaware has been showing commu- the Journal of Practical Nursing, the unfortunately for my opponent Cindy said nities across the country the power of Journal of Community Health, and the yes. And, when the campaign was over I mentoring for quite a while. Mentoring Textbook of Family Practice. She is asked her to move to Washington one more has become an integral part of our currently serving as the chairwoman time. school system in Delaware and is one For the 12 years I served Nebraskans in the of the keys to improving academic for the American Journal of Preventive Senate she managed my most valuable com- Medicine. achievement among at-risk students. modity: my time. She helped me do my job As Governor, I helped recruit thou- Sadly, Dr. Bishop is now battling her much better than I could have without her. own personal health crisis. I sincerely She extended my reach, increased the scope sands of mentors as part of a statewide hope she is able to draw upon the of my vision, and broadened the number of effort and was actively involved in re- strength and courage she imparted to volunteer partners at home. She never failed cruiting individuals, churches, service the many people she touched through- to return a phone call. She could say no and clubs, students, and corporations to out her medical and teaching career to make it sound like yes. She wouldn’t leave help in mentoring Delaware’s at-risk the office until my plane was safely on the children. I first experienced the joy of ease her own pain and suffering. The ground. If her salary were calculated by the service she has so unselfishly given to mentoring in 1997 when I became a hour, she would have been among the lowest mentor to Darryl Burton, a fifth grader students, patients, and the medical paid people in the American workforce. community is exemplary and the con- But Cindy, like most of the other young at Wilmington’s Warner Elementary tributions she made to the field of fam- people in Washington, does not do what she School. More than 5 years later, we ily practice will be felt for years to does in order to reap financial rewards. She now meet at Delcastle High School, come. I am grateful for the opportunity does what she does because she loves our where he is a freshman, every week country, wants to make it a better place, during the school year. I know from today to honor this wonderful doctor, seeks to increase citizen confidence that our mother, and woman. personal experience that there are few Government is ‘‘of, by and for the people,’’ things more rewarding than making a f and thinks her greatest accomplishments were when she used the power of the office difference in the life of a child. Lit- ADDITIONAL STATEMENTS for the good of just one person in trouble. erally hundreds of mentors have said to It seems a perfect ending to a heroic story me of their mentoring experience over that Cindy went to work for Senator Tim the past 6 years, ‘‘I know I’m helping HONORING CINDY DWYER Johnson and helped him win one of the most the young person that I mentor, but I ∑ Mr. JOHNSON. Mr. President, I ask difficult campaigns in 2002. So it is that she get even more out of it than they do.’’ that the following statement from our will spend her last day doing the same thing We are making great strides in the she did on her first: working for the people of First State in helping thousands of ad- former colleague, Senator Bob Kerrey South Dakota. It is just as perfect that in of Nebraska, be printed in the RECORD. many ways Cindy’s nearly 28 years of service ditional students realize their full po- Senator Kerrey is providing this state- in Congress were spent doing many of the tential, along with Delaware’s rigorous ment concerning a former member of same things she did when she taught pre- academic standards. The Delaware his Senate staff who is presently serv- school and kindergarten. Members of Con- Mentoring Council is, in large part, ing as my scheduler. gress were behaving like children long before leading the way. We must continue to There being no objection, the state- psychiatrists recommended that we get in work to level the playing field and give tough with our inner child. every child the tools they need to suc- ment was ordered to be printed in the Cindy Dwyer always stayed in touch with RECORD, as follows: her inner teacher. She mentored every young ceed in school and in life. We Americans have been taught to believe staffer who had the good fortune to fall I am proud to be part of Delaware’s our share of myths. Myths are not lies; they under her authority. She never hoarded her army of mentors. We know that there are, like George Washington’s decision to good advice or good wishes. She took delight are thousands of other students in our tell the truth about a fallen cherry tree, sto- when others learned from her and succeeded schools who would benefit greatly from

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G04FE6.024 S04PT1 February 4, 2003 CONGRESSIONAL RECORD — SENATE S1867 having another positive role model in EXECUTIVE MESSAGES REFERRED The growth and jobs plan I outlined their lives, so I urge others to join us. As in executive session the PRE- earlier this year will provide critical For a child living in the shadows of SIDING OFFICER laid before the Sen- momentum to our economic recovery. life, an hour of our time can make a ate messages from the President of the For every American paying income lifetime of difference for that child and United States submitting nominations taxes, I propose speeding up the tax for each of us.∑ which were referred to the appropriate cuts already approved by the Congress, f committees. because Americans need that relief today. And for America’s 84 million in- THE BOISE STATE UNIVERSITY (The nominations received today are vestors, and those who will become in- 2002 FOOTBALL PROGRAM printed at the end of the Senate pro- ceedings.) vestors, I propose eliminating the dou- ∑ Mr. CRAPO. Mr. President, we rise f ble taxation of stock dividends. Double today to ask the Senate to join us in taxation is unfair and bad for our econ- recognizing the accomplishments of BUDGET MESSAGE FOR FISCAL omy. the 2002 Football Program at Boise YEAR 2004—PM 8 State University (BSU), in our home Government cannot manage or con- The PRESIDING OFFICER laid be- trol the economy. But government can State of Idaho. Senator LARRY CRAIG, fore the Senate the following message remove the barriers blocking stronger Congressman MIKE SIMPSON, Congress- from the President of the United economic growth. My plan will give man C.L. ‘‘BUTCH’’ OTTER, and I wish to States, together with an accompanying Americans more tools to achieve that honor the players, Head Coach Dan report; which was referred jointly, pur- growth. Hawkins, his entire staff, the adminis- suant to the order of January 30, 1975 trators of BSU, the Bronco Athletic as modified by the order of April 11, A recession and a war we did not Association, and the thousands of BSU 1986, received on February 3, 2003; to choose have led to the return of defi- fans for the outstanding season. The the Committees on Appropriations; and cits. My administration firmly believes Broncos of BSU have excelled in both the Budget: in controlling the deficit and reducing academics and sportsmanship. The THE BUDGET MESSAGE OF THE PRESIDENT it as the economy strengthens and our team is a source of pride for the univer- The budget for 2004 meets the chal- national security interests are met. sity, the city of Boise, and the entire lenges posed by three national prior- Compared to the overall federal budget State of Idaho. ities: winning the war against ter- and the $10.5 trillion national economy, The Broncos began the season with rorism, securing the homeland, and our budget gap is small by historical optimism and commitment; their hard generating long-term economic standards. By protecting our vital na- work was rewarded by the following ac- growth. It restrains the growth in fed- tional security interests and promoting complishments: eral spending and addresses the long- economic growth, we will meet the 2002 Western Athletic Conference term fiscal challenges presented by challenges and concerns of the Amer- (WAC) Champions; 8 wins and no losses Medicare and Social Security’s un- ican people. We will not let them down. in the WAC; an overall record of 12 funded promises. This year’s budget I will also insist on spending dis- wins and only 1 loss; the highest over- also helps America meet its goals both cipline in Washington, D.C., so we can all margin of victory in the history of at home and overseas. meet our priorities. We must prepare the WAC of 37.2 points per game; Hu- We remain at war with an enemy for the future costs of Social Security manitarian Bowl Champions with a 34 that seeks to use murder, stealth, and and Medicare. My budget takes the to 16 win over Iowa State University; fear against all free nations. Yet our first steps toward modernizing Medi- #1 team in the Nation in team scoring; response has been resolute. The people #1 team in the Nation in total offense; care and includes prescription drug of Afghanistan have been freed from #1 team in the Nation in passing effi- coverage. the oppressive regime that sponsors ciency; #17 team in the Nation in scor- We will continue to focus on getting the terrorists who planned and carried ing defense; ranked #15 in the Nation results from federal spending. A federal out the attacks of September 11, 2001. in the AP Poll; ranked #12 in the Na- program’s measure of success is not its tion in the ESPN/USA Today Coaches We are hunting down the terrorist size, but the value it delivers. And my Poll, and Second longest current win- leaders and their collaborators, one by budget will focus on this goal in a new ning streak in the country, second only one. And we continue to disrupt their and important way. If federal programs to National Champion Ohio State Uni- plots, shut down their financing, and cannot show results, they should be versity. deny them safe haven. overhauled, or retired. We have moved to secure the nation’s Through service, the BSU Broncos And while human compassion cannot have taken the energy they generate safety. Just 10 days ago, the new De- partment of Homeland Security began be summarized in dollars and cents, on the field and spread it throughout this budget addresses the many chal- the Boise community. Mentoring chil- operations in the biggest reorganiza- tion of the Federal Government in a lenges our society faces: bridging the dren, hosting youth football camps, gap for low-income families, so they and visiting the Ronald McDonald half-century. The cabinet-level depart- ment unifies the work of 22 programs can buy affordable homes; helping com- House are just a few examples of how munities of faith pull the addicted the BSU Football Program benefits and agencies and will move quickly to better protect Americans from threats from the grip of drugs; lifting children Idaho. out of poverty and hopelessness by cre- We recognize the extraordinary here at home. We also have moved to defend America’s interests abroad, and ating good schools and offering them progress and development of the BSU caring adult mentors; and easing the football program and look to its suc- to confront danger wherever it emerges. Working with our allies and pain and hardship of the global epi- cess as an example of what can be ac- demic of AIDS. complished with leadership, commit- partners, we will face down regimes ment, determination, and, most impor- that govern by fear and deception, and Some of the challenges we face will tantly, teamwork. we will devote the necessary resources endure for many years and require We congratulate the football pro- to protect ourselves and our friends great resources. As we look down that gram of Boise State University for the against the use of weapons of mass de- path, we will not always get to choose achievements made and look forward struction. which battles we fight. It is, however, to future success and a strong defense We are strengthening our economy our duty to fight them. History may of its conference title.∑ by allowing American families to keep not remember every single way we con- more of their own money and encour- tributed to this nation’s betterment, f aging businesses to save, spend, and but it will remember if we failed to try. MESSAGES FROM THE PRESIDENT grow. While the economy is growing, it The courage to take on challenges, and Messages from the President of the is not growing fast enough. Too many the enterprise with which we have suc- United States were communicated to Americans who want to work can’t find ceeded in meeting them, have always the Senate by Ms. Evans, one of his a job, and too many American families distinguished America. This same cour- secretaries. are falling behind. age and enterprise will help America

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G04FE6.025 S04PT1 S1868 CONGRESSIONAL RECORD — SENATE February 4, 2003 meet these challenges, and prevail once I anticipate that Kosovo Force—and grams of the United States Intelligence again. U.S. participation in it—will gradually Community. Ms. LOFGREN of California GEORGE W. BUSH. reduce in size as public security condi- and Mr. Maurice Sonnenberg of New THE WHITE HOUSE, February 3, 2003. tions improve and Kosovars assume in- York. f creasing responsibility for their own f self-government. REPORT DETAILING THE EXECUTIVE AND OTHER GEORGE W. BUSH. PROGRESS OF SPENDING BY THE THE WHITE HOUSE, January 31, 2003. COMMUNICATIONS EXECUTIVE BRANCH DURING The following communications were f THE LAST TWO QUARTERS OF laid before the Senate, together with FISCAL YEAR 2002 IN SUPPORT REPORT ON THE PROGRESS TO- accompanying papers, reports, and doc- OF PLAN COLOMBIA, RECEIVED WARD ACHIEVING BENCHMARKS uments, which were referred as indi- ON FEBRUARY 4, 2003—PM 9 FOR A SUSTAINABLE PEACE cated: The PRESIDING OFFICER laid be- PROCESS IN BOSNIA AND EC–872. A communication from the Sec- fore the Senate the following message HERZEGOVINA, RECEIVED ON retary of the Commission, Bureau of Con- from the President of the United FEBRUARY 4, 2003—PM 11 sumer Protection, Federal Trade Commis- sion, transmitting, pursuant to law, the re- States, together with an accompanying The PRESIDING OFFICER laid be- report; which was referred to the Com- port of a rule entitled ‘‘Telemarketing Sales fore the Senate the following message Rule Amendments (3084–AA86)’’ received on mittee on Foreign Relations: from the President of the United January 27, 2003; to the Committee on Com- To the Congress of the United States: States, together with an accompanying merce, Science, and Transportation. Pursuant to Public Law 106–246, sec- report; which was referred to the Com- EC–873. A communication from the Sec- tion 3204(e), I am providing a report mittee on Armed Services: retary of the Commission, Bureau of Con- sumer Protection, Federal Trade Commis- prepared by my Administration detail- To the Congress of the United States: sion, transmitting, pursuant to law, the re- ing the progress of spending by the ex- As required by the Levin Amendment port of a rule entitled ‘‘Commission Report- ecutive branch during the last two to the 1998 Supplemental Appropria- ing Requirements Under Section 8 of The quarters of Fiscal Year 2002 in support tions and Rescissions Act (section 7(b) Clayton Act, 15 U.S.C. Sec. 19(a)(5)’’ received of Plan Colombia. of Public Law 105–174) and section on January 27, 2003; to the Committee on GEORGE W. BUSH. 1203(a) of the Strom Thurmond Na- Commerce, Science, and Transportation. THE WHITE HOUSE, February 4, 2003. EC–874. A communication from the Chief, tional Defense Authorization Act for Regulations and Administrative Law, United f Fiscal Year 1999 (Public Law 105–261), I States Coast Guard, transmitting, pursuant REPORT RELATIVE TO MILI- am providing a report prepared by my to law, the report of a rule entitled ‘‘Draw- TARILY SIGNIFICANT BENCH- Administration on progress made to- bridge Regulations (Including 2 regulations) MARKS FOR CONDITIONS THAT ward achieving benchmarks for a sus- [CGD08–02–023] [CGD08–02–022] (2115– AE47)(2003–0004)’’ received on January 27, WOULD ACHIEVE A SUSTAIN- tainable peace process in Bosnia and Herzegovina. 2003; to the Committee on Commerce, ABLE PEACE IN KOSOVO AND Science, and Transportation. ULTIMATELY ALLOW FOR THE This seventh report, which also in- EC–875. A communication from the Chief, WITHDRAWAL OF THE UNITED cludes supplemental reporting as re- Regulations and Administrative Law, United STATES MILITARY PRESENCE IN quired by section 1203(a) of Public Law States Coast Guard, transmitting, pursuant KOSOVO, RECEIVED ON JANUARY 105–261, provides an updated assessment to law, the report of a rule entitled ‘‘Safety/ 31, 2003—PM 10 of progress on the benchmarks cov- Security Zone Regulations (including 3 regu- ering the period January 1 to December lations) [COTP San Diego 03–002] [COTP San The PRESIDING OFFICER laid be- 31, 2002. Diego 03–004] [COTP San Diego 03–005]’’ re- fore the Senate the following message ceived on January 27, 2003; to the Committee GEORGE W. BUSH. on Commerce, Science, and Transportation. from the President of the United THE WHITE HOUSE, February 4, 2003. States, together with an accompanying EC–876. A communication from the Chief, report; which was referred to the Com- f Regulations and Administrative Law, United States Coast Guard, transmitting, pursuant mittee on Foreign Relations: MESSAGES FROM THE HOUSE to law, the report of a rule entitled ‘‘Safety/ To the Congress of the United States: Security Zone Regulations; (Including 4 reg- Pursuant to section 1212 of the Na- ulations) [COTP Miami 02–115] [COTP Jack- tional Defense Authorization Act for ENROLLED JOINT RESOLUTION sonville 02–066] [CGD08–01–025] [CGD08–01–043] SIGNED (2115–AA97)(2003–0006)’’ received on January Fiscal Year 2001, Public Law 106–398, I 27, 2003; to the Committee on Commerce, hereby submit a report, prepared by Under the authority of the order of Science, and Transportation. my Administration, on the progress January 7, 2003, the Secretary of the EC–877. A communication from the Assist- made in achieving the militarily sig- Senate, on January 31, 2003, during the ant Administrator, National Marine Fish- nificant benchmarks for conditions recess of the Senate, received a mes- eries Service, Department of Commerce, that would achieve a sustainable peace sage from the House of Representatives transmitting, pursuant to law, the report of in Kosovo and ultimately allow for the announcing that the Speaker has a rule entitled ‘‘Atlantic Highly Migratory withdrawal of the United States mili- signed the following enrolled joint res- Species; Monitoring of Recreational Land- olution: ing; Retention Limit for Recreationally tary presence in Kosovo. Landed North Atlantic Swordfish (RIN0648– The term ‘‘militarily significant’’ re- H.J. Res. 13. A joint resolution making fur- AN06)’’ received on January 27, 2003; to the lates to tasks and objectives signifi- ther continuing appropriations for the fiscal Committee on Commerce, Science, and cant from a military standpoint that year 2003, and for other purposes. Transportation. once accomplished, would allow for Under the authority of the order of EC–878. A communication from the Assist- withdrawal of military forces from January 7, 2003, the enrolled bill was ant Administrator, National Marine Fish- Kosovo. In the establishment of the signed by the President pro tempore eries Service, Department of Commerce, transmitting, pursuant to law, the report of Kosovo benchmarks, four critical tasks (Mr. STEVENS) on January 31, 2003. a rule entitled ‘‘Fisheries of the Exclusive for NATO forces were identified: mili- Under the authority of the order of Economic Zone Off Alaska—Final rule to Im- tary stability; public security; border/ January 7, 2003, the Secretary of the plement Stellar Sea Lion Protection Meas- boundary issues; and war crimes/sup- Senate, on January 31, 2003, during the ures (0648–AQ08)’’ received on January 27, port to the International Criminal Tri- recess of the Senate, received a mes- 2003; to the Committee on Commerce, bunal for the Former Yugoslavia. Ob- sage from the House of Representatives Science, and Transportation. jectives for these tasks were drawn announcing that pursuant to 50 U.S.C. EC–879. A communication from the Pro- from United Nations Security Council 401, section 1002(b) of the Intelligence gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- Resolution 1244, the NATO Operations Authorization Act, the Minority Lead- mitting, pursuant to law, the report of a rule Plan, the Military Technical Agree- er appoints the following to the Na- entitled ‘‘Establishment of Class D Airspace; ment, and the Kosovo Liberation Army tional Commission for the Review of Sparta, WI; Modification of Class E Airspace; Undertaking. the Research and Development Pro- Sparta, WI/Docket no. 02–AGL–15 (2120–

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A04FE6.031 S04PT1 February 4, 2003 CONGRESSIONAL RECORD — SENATE S1869 AA66)(2003–0038)’’ received on January 27, EC–889. A communication from the Pro- ery Management Measures’’ received on Jan- 2003; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- uary 27, 2003; to the Committee on Com- Science, and Transportation. tion, Department of Transportation, trans- merce, Science, and Transportation. EC–880. A communication from the Pro- mitting, pursuant to law, the report of a rule EC–898. A communication from the Attor- gram Analyst, Federal Aviation Administra- entitled ‘‘Standard Instrument Approach ney, Bureau of Transportation Statistics, tion, Department of Transportation, trans- Procedures; Miscellaneous Amendments (19); Department of Transportation, transmitting, mitting, pursuant to law, the report of a rule Amdt. No. 3039 (2120–AA65)(2003–0007)’’ re- pursuant to law, the report of a rule entitled entitled ‘‘Modification of Class E Airspace; ceived on January 27, 2003; to the Committee ‘‘Reports of Motor Carriers—Correction of Dayton, OH; Docket No. 02–AGL–13 (2120– on Commerce, Science, and Transportation. Obsolete Reference and Minor Editorial Cor- AA66)(2003–0034)’’ received on January 27, EC–890. A communication from the Pro- rections (2139–AA10); to the Committee on 2003; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- Commerce, Science, and Transportation. Science, and Transportation. tion, Department of Transportation, trans- EC–899. A communication from the Regula- EC–881. A communication from the Pro- mitting, pursuant to law, the report of a rule tions Officer, Federal Motor Carrier Safety gram Analyst, Federal Aviation Administra- entitled ‘‘Ineligibility for an Airman Certifi- Administration, Department of Transpor- tion, Department of Transportation, trans- cate Based on Security Grounds; Docket No. tation, transmitting, pursuant to law, the re- mitting, pursuant to law, the report of a rule FAA–2003–14293 (2120–AH84)’’ received on Jan- port of a rule entitled ‘‘Commercial Driver’s entitled ‘‘Modification of Class E Airspace; uary 27, 2003; to the Committee on Com- License Standards, Requirements and Pen- Sikeston, MO; Docket No. 03–ACE–2 (2120– merce, Science, and Transportation. alties, Commercial Driver’s License Program AA66)(2003–0033)’’ received on January 27, EC–891. A communication from the Pro- Improvements and Noncommercial Motor 2003; to the Committee on Commerce, gram Analyst, Federal Aviation Administra- Vehicle Violations (2126–AA60)(2003–0001)’’ re- Science, and Transportation. tion, Department of Transportation, trans- ceived on January 27, 2003; to the Committee EC–882. A communication from the Pro- mitting, pursuant to law, the report of a rule on Commerce, Science, and Transportation. gram Analyst, Federal Aviation Administra- entitled ‘‘Airworthiness Directives: EC–900. A communication from the Assist- tion, Department of Transportation, trans- Raytheon Aircraft Company Beech Models ant Administrator, Office of Oceanic and At- mitting, pursuant to law, the report of a rule 36, A36, A36TC, B36TC, 58, and 58A Airplanes mospheric Research, National Oceanic and entitled ‘‘Modification of Class E Airspace; Docket No. 2002–CE–07 (2120–AA64)(2003–0099)’’ Atmospheric Administration, Department of Columbus, OH; Docket No. 02–AGL–14 (2120– received on January 27, 2003; to the Com- Commerce, transmitting, pursuant to law, AA66)(2003–0037)’’ received on January 27, mittee on Commerce, Science, and Transpor- the report of a rule entitled ‘‘Joint Hurri- 2003; to the Committee on Commerce, tation. cane Testbed (JHT) Opportunities for Trans- Science, and Transportation. EC–892. A communication from the Pro- fer of Research and Technology into Tropical EC–883. A communication from the Pro- gram Analyst, Federal Aviation Administra- Cyclone Analysis and Forecast Operations’’ gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- received on January 27, 2003; to the Com- tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule mittee on Commerce, Science, and Transpor- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives: McDon- tation. entitled ‘‘Modification of Class E Airspace; nell Douglas Model DC 9 10, 20, –30, 40, and 50 EC–901. A communication from the Assist- Circlevile, OH; Docket no. 02–AGL–08 (2120– Series Airplanes: and Model DC 9 81, 82, 83, 87 ant Administrator, Office of Oceanic and At- AA66)(2003–0036)’’ received on January 27, and 88 Airplanes; Docket No. 2002–NM–53 mospheric Research, National Oceanic and 2003; to the Committee on Commerce, (2120–AA64)(2003–0098)’’ received on January Atmospheric Administration, Department of Science, and Transportation. 27, 2003; to the Committee on Commerce, Commerce, transmitting, pursuant to law, EC–884. A communication from the Pro- Science, and Transportation. the report of a rule entitled ‘‘Request for gram Analyst, Federal Aviation Administra- EC–893. A communication from the Pro- Proposals for FY 2003–NOAA Educational tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- Partnership Program with Minority Serving mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- Institutions: Environmental Entrepreneur- entitled ‘‘Airworthiness Directives: Boeing mitting, pursuant to law, the report of a rule ship Program’’ received on January 27, 2003; Model 747–400 and 400D Series Airplanes; entitled ‘‘Modification of Class E Airspace; to the Committee on Commerce, Science, Docket No. 2002–NM–46 (2120–AA64)(2003– Indianapolis, IN; Correction; Docket No. 02– and Transportation. 0100)’’ received on January 27, 2003; to the AGL–09 (2120–AA66)(2003–0035)’’ received on EC–902. A communication from the Chair, Committee on Commerce, Science, and January 27, 2003; to the Committee on Com- Office of the General Counsel, Federal Elec- Transportation. merce, Science, and Transportation. tion Commission, transmitting, pursuant to EC–885. A communication from the Pro- EC–894. A communication from the Pro- law, the report of a rule entitled ‘‘Increased gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- Contribution and Coordinated Party Expend- tion, Department of Transportation, trans- tion, Department of Transportation, trans- iture Limits for Candidates Opposing Self- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule Financed Candidates’’ received on January entitled ‘‘Airworthiness Directives: Fokker entitled ‘‘Airworthiness Directives: McDon- 21, 2003; to the Committee on Rules and Ad- Model F.28 Mark 0070 and 0100 Series Air- nell Douglas Model DC 9–81, –82, –83 Air- ministration. planes; Docket No. 2001–NM–290 (2120– planes; and Model MD 88 Airplanes Docket EC–903. A communication from the Acting AA64)(2003–0105)’’ received on January 27, No. 2000–NM–166 (2120–AA64)(2003–0101)’’ re- Principle Deputy Associate Administrator, 2003; to the Committee on Commerce, ceived on January 27, 2003; to the Committee Environmental Protection Agency, transmit- Science, and Transportation. on Commerce, Science, and Transportation. ting, pursuant to law, the report of a rule en- EC–886. A communication from the Pro- EC–895. A communication from the Pro- titled ‘‘Clean Air Act Full approval of Oper- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- ating Permit Program; Maryland (FRL7440– tion, Department of Transportation, trans- tion, Department of Transportation, trans- 2)’’ received on January 15, 2003; to the Com- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule mittee on Environment and Public Works. entitled ‘‘Airworthiness Directives: Bell Hel- entitled ‘‘Airworthiness Directives: General EC–904. A communication from the Acting icopter Textron, Inc. Model 204B, 205A–1, Electric Co. CF6–80A Series Turbofan En- Principle Deputy Associate Administrator, 205A–1, 205B, and 212 Helicopters; Docket No. gines; Docket No. 2002–NE–44 (2120–AA64) Environmental Protection Agency, transmit- 2002–SW–14 (2120–AA64)(2003–0104)’’ received (2003–0102)’’ received on January 27, 2003; to ting, pursuant to law, the report of a rule en- on January 27, 2003; to the Committee on the Committee on Commerce, Science, and titled ‘‘Change of Physical Location of Commerce, Science, and Transportation. Transportation. EPA’s Environmental Appeals Board EC–887. A communication from the Pro- EC–896. A communication from the Deputy (FRL7439–7)’’ received on January 15, 2003; to gram Analyst, Federal Aviation Administra- Assistant Administrator, Regulatory Pro- the Committee on Environment and Public tion, Department of Transportation, trans- grams, National Marine Fisheries, Depart- Works. mitting, pursuant to law, the report of a rule ment of Commerce, transmitting, pursuant EC–905. A communication from the Acting entitled ‘‘Airworthiness Directives: Bom- to law, the report of a rule entitled ‘‘Revi- Principle Deputy Associate Administrator, bardier Model CL 600 2B19 Series Airplanes; sions to Observer Coverage Requirements for Environmental Protection Agency, transmit- Docket No. 2001–NM–250 (2120–AA64)(2003– Vessels and Shoreline Processors in the ting, pursuant to law, the report of a rule en- 0103)’’ received on January 27, 2003; to the North Pacific Groundfish Fisheries, Final titled ‘‘Approval Implementation Plans; Committee on Commerce, Science, and Rule (0548–AM44)’’ received on January 27, Ohio (FRL7428–5)’’ received on January 15, Transportation. 2003; to the Committee on Commerce, 2003; to the Committee on Environment and EC–888. A communication from the Pro- Science, and Transportation. Public Works. gram Analyst, Federal Aviation Administra- EC–897. A communication from the Deputy EC–906. A communication from the Acting tion, Department of Transportation, trans- Assistant Administrator, Regulatory Pro- Principle Deputy Associate Administrator, mitting, pursuant to law, the report of a rule grams, National Marine Fisheries, Depart- Environmental Protection Agency, transmit- entitled ‘‘Airworthiness Directives: Boeing ment of Commerce, transmitting, pursuant ting, pursuant to law, the report of a rule en- Model 747 Series Airplanes, Docket No. 2002– to law, the report of a rule entitled ‘‘Magnu- titled ‘‘Approval and Promulgation of Imple- NM–85 (2120–AA64)(2003–0097)’’ received on son Act Provisions, Fisheries off West Coast mentation Plans; Arizona; Motor Vehicle In- January 27, 2003; to the Committee on Com- States and in the Western Pacific; Pacific spection and Maintenance Programs merce, Science, and Transportation. Coast Groundfish Fishery, Groundfish Fish- (FRL7418–8)’’ received on January 15, 2003; to

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the Committee on Environment and Public ficiaries (1210–AA90)’’ received on January 24, GERALD, Mr. GRAHAM of Florida, Mr. Works. 2003; to the Committee on Health, Education, GRAHAM of South Carolina, Mr. EC–907. A communication from the Acting Labor, and Pensions. GRASSLEY, Mr. GREGG, Mr. HAGEL, Principle Deputy Associate Administrator, EC–917. A communication from the Direc- Mr. HARKIN, Mr. HATCH, Mr. HOL- Environmental Protection Agency, transmit- tor, Regulations Policy and Management, LINGS, Mrs. HUTCHISON, Mr. INHOFE, ting, pursuant to law, the report of a rule en- Department of Health and Human Services, Mr. INOUYE, Mr. JEFFORDS, Mr. JOHN- titled ‘‘Approval and Promulgation of Air transmitting, pursuant to law, the report of SON, Mr. KENNEDY, Mr. KERRY, Mr. Quality Implementation Plans, Ohio Oxides a rule entitled ‘‘Cold, Cough, Allergy, Bron- KOHL, Mr. KYL, Ms. LANDRIEU, Mr. of Nitrogen Regulations’’ received on Janu- chodilator, and Antiasthmatic Drug Prod- LAUTENBERG, Mr. LEAHY, Mr. LEVIN, ary 15, 2003; to the Committee on Environ- ucts for Over-the-Counter Human Use; Final Mr. LIEBERMAN, Mrs. LINCOLN, Mr. ment and Public Works. Monograph or Combination Drug Products LOTT, Mr. LUGAR, Mr. MCCAIN, Ms. EC–908. A communication from the Sec- (0910–AA01)’’ received on January 27, 2003; to MIKULSKI, Mr. MILLER, Ms. MUR- retary of Transportation, transmitting, pur- the Committee on Health, Education, Labor, KOWSKI, Mrs. MURRAY, Mr. NELSON of suant to law, the report of a proposed Bill to and Pensions. Florida, Mr. NELSON of Nebraska, Mr. authorize $6 Million to develop and imple- EC–918. A communication from the Direc- NICKLES, Mr. PRYOR, Mr. REED. ment interagency environmental stream- tor, Regulations Policy and Management, S. Res. 41. A resolution honoring the mis- lining initiatives authorized under section Department of Health and Human Services, sion of the space shuttle Columbia; consid- 1309 of the Transportation Equity Act for the transmitting, pursuant to law, the report of ered and agreed to. 21st Century (TEA–21); to the Committee on a rule entitled ‘‘Labeling of f Environment and Public Works. Diphenhydramine—Containing Drug Prod- EC–909. A communication from the Regula- ucts for Over-the Counter Human Use (0910– INTRODUCTION OF BILLS AND tions Officer, Federal Highway Administra- AA01) (Doc. No. 97N–0128)’’ received on Janu- JOINT RESOLUTIONS tion, Department of Transportation, trans- ary 27, 2003; to the Committee on Health, mitting, pursuant to law, the report of a rule Education, Labor, and Pensions. The following bills and joint resolu- entitled ‘‘Metropolitan Transportation Plan- EC–919. A communication from the Assist- tions were introduced, read the first ning and Programming (2125–AE92)’’ received ant Secretary, Administration and Manage- and second times by unanimous con- on January 27, 2003; to the Committee on En- ment, Department of Labor, transmitting, sent, and referred as indicated: vironment and Public Works. pursuant to law, the report of a vacancy in By Mr. THOMAS (for himself and Mr. EC–910. A communication from the Regula- the position of Solicitor of Labor, received ENZI): tions Officer, Federal Highway Administra- on January 27, 2003; to the Committee on S. 273. A bill to provide for the expeditious tion, Department of Transportation, trans- Health, Education, Labor, and Pensions. completion of the acquisition of land owned mitting, pursuant to law, the report of a rule EC–920. A communication from the Assist- by the State of Wyoming within the bound- entitled ‘‘Statewide Transportation Plan- ant Secretary, Administration and Manage- aries of Grand Teton National Park, and for ning; Metropolitan Transportation Planning ment, Department of Labor, transmitting, other purposes; to the Committee on Energy (2125–AE95)’’ received on January 27, 2003; to pursuant to law, the report of the designa- and Natural Resources. the Committee on Environment and Public tion of acting officer for the position of So- By Mr. GRASSLEY (for himself, Mr. Works. licitor of Labor, received on January 27, 2003; KOHL, Mr. HATCH, Mr. CARPER, Mr. EC–911. A communication from the Deputy to the Committee on Health, Education, Secretary, Division of Corporation Finance, SPECTER, Mr. MILLER, Mr. CHAFEE, Labor, and Pensions. and Mr. LUGAR): Securities and Exchange Commission, trans- EC–921. A communication from the Sec- mitting, pursuant to law, the report of a rule S. 274. A bill to amend the procedures that retary of Homeland Security, transmitting, apply to consideration of interstate class ac- entitled ‘‘Disclosure Required by Sections pursuant to law, the report of a rule entitled 406 and 407 of the Sarbanes-Oxley Act of 2002 tions to assure fairer outcomes for class ‘‘Production or Disclosure of Official Infor- members and defendants, and for other pur- (3235–AI66)’’ received on January 27, 2003; to mation in Connection With Legal Pro- the Committee on Banking, Housing, and poses; to the Committee on the Judiciary. ceedings (1601–AA01)’’ received on January By Mr. MCCAIN (for himself and Mr. Urban Affairs. 27, 2003; to the Committee on Governmental EC–912. A communication from the Deputy DORGAN): Affairs. Secretary, Office of the Chief Accountant, S. 275. A bill to amend the Professional EC–922. A communication from the Sec- Securities and Exchange Commission, trans- Boxing Safety Act of 1996, and to establish retary of Homeland Security, transmitting, mitting, pursuant to law, the report of a rule the United States Boxing Administration; to pursuant to law, the report of a rule entitled entitled ‘‘Rule 2–06 of Regulations S–X, Re- the Committee on Commerce, Science, and ‘‘Freedom of Information Act and Privacy tention of Audit and Review records (3235– Transportation. Act Procedures’’ received on January 27, AI74)’’ received on January 27, 2003; to the By Mr. HOLLINGS (for himself and Mr. 2003; to the Committee on Governmental Af- Committee on Banking, Housing, and Urban GRAHAM of South Carolina): fairs. Affairs. S. 276. A bill to direct the Secretary of the EC–923. A communication from the Sec- EC–913. A communication from the Deputy Interior to conduct a study of the suitability retary of Homeland Security, transmitting, Secretary, Division of Corporation Finance, and feasibility of establishing the Southern pursuant to law, the report of a rule entitled Securities and Exchange Commission, trans- Campaign of the Revolution Heritage Area in ‘‘Classified National Security Information mitting, pursuant to law, the report of a rule the State of South Carolina, and for other (1601–AA02)’’ received on January 27, 2003; to entitled ‘‘Certification of Management In- purposes; to the Committee on Energy and the Select Committee on Intelligence. vestment Company Shareholder Report and Natural Resources. Designation of Certified Shareholder Report f By Mr. BENNETT: S. 277. A bill to authorize the Secretary of as Exchange Act Reporting Forms; Disclo- SUBMISSION OF CONCURRENT AND sure Required by sections 406 and 407 of the the Interior to construct an education and Sarbanes-Oxley Act of 2002 (3235–AI63) (3235– SENATE RESOLUTIONS—MONDAY administrative center at the Bear River Mi- AI66)’’ received on January 27, 2003; to the FEBRUARY 4, 2003 gratory Bird Refuge in Box Elder County, Committee on Banking, Housing, and Urban The following concurrent resolutions Utah; to the Committee on Energy and Nat- ural Resources. Affairs. and Senate resolutions were read, and EC–914. A communication from the Chief By Mr. BENNETT: Judge, United States Court of Federal referred (or acted upon), as indicated: S. 278. A bill to make certain adjustments Claims, transmitting, pursuant to law, the By Mr. FRIST (for himself, Mr. to the boundaries of the Mount Naomi Wil- report relative to RICHARD M. BARLOW v. DASCHLE, Mr. MCCONNELL, Mr. REID, derness Area, and for other purposes; to the THE UNITED STATES, and the report of the Mr. AKAKA, Mr. ALEXANDER, Mr. AL- Committee on Energy and Natural Re- Review Panel filed on November 1, 2002 and LARD, Mr. ALLEN, Mr. BAUCUS, Mr. sources. the Redacted Report filed on September 13, BAYH, Mr. BENNETT, Mr. BIDEN, Mr. By Mr. COCHRAN: 2002; to the Committee on the Judiciary. BINGAMAN, Mr. BOND, Mrs. BOXER, S. 279. A bill for the relief of the heirs of EC–915. A communication from the Clerk Mr. BREAUX, Mr. BROWNBACK, Mr. Clark M. Beggerly, Sr., of Jackson County, of the Court, United States Court of Federal BUNNING, Mr. BURNS, Mr. BYRD, Mr. Mississippi; to the Committee on the Judici- Claims, transmitting, pursuant to law, the CAMPBELL, Ms. CANTWELL, Mr. CAR- ary. report of the United States Court of Federal PER, Mr. CHAFEE, Mr. CHAMBLISS, By Mr. COCHRAN: Claims for the year ended September 30, 2002; Mrs. CLINTON, Mr. COCHRAN, Mr. S. 280. A bill to address claims relating to to the Committee on the Judiciary. COLEMAN, Ms. COLLINS, Mr. CONRAD, Horn Island, Mississippi; to the Committee EC–916. A communication from the Assist- Mr. CORNYN, Mr. CORZINE, Mr. CRAIG, on the Judiciary. ant Secretary, Pension and Welfare Benefits Mr. CRAPO, Mr. DAYTON, Mr. DEWINE, By Mr. CAMPBELL: Administration, Department of Labor, trans- Mr. DODD, Mrs. DOLE, Mr. DOMENICI, S. 281. A bill to amend the Transportation mitting, pursuant to law, the report of a rule Mr. DORGAN, Mr. DURBIN, Mr. ED- Equity Act for the 21st Century to make cer- entitled ‘‘Final Rule Relating to Notice of WARDS, Mr. ENSIGN, Mr. ENZI, Mr. tain amendments with respect to Indian Blackout Periods to Participants and Bene- FEINGOLD, Mrs. FEINSTEIN, Mr. FITZ- tribes, to provide for training and technical

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\A04FE6.038 S04PT1 February 4, 2003 CONGRESSIONAL RECORD — SENATE S1871 assistance to Native Americans who are in- neral directors and licensed embalmers from ADDITIONAL COSPONSORS terested in commercial vehicle driving ca- the minimum wage and overtime compensa- S. 19 reers, and for other purposes; to the Com- tion requirements of that Act; to the Com- mittee on Indian Affairs. mittee on Health, Education, Labor, and At the request of Mr. DASCHLE, the By Ms. SNOWE: Pensions. name of the Senator from Florida (Mr. S. 282. A bill to amend the Education By Ms. MURKOWSKI: NELSON) was added as a cosponsor of S. Sciences Reform Act of 2002 to require the S. 293. A bill to amend the Internal Rev- 19, a bill to amend the Internal Rev- Statistics Commissioner to collect informa- enue Code of 1986 to provide a charitable de- enue Code of 1986 and titles 10 and 38, tion from coeducational secondary schools duction for certain expenses incurred in sup- United States Code, to improve bene- on such schools’ athletic programs; to the port of Native Alaskan subsistence whaling; fits for members of the uniformed serv- Committee on Health, Education, Labor, and to the Committee on Finance. Pensions. By Ms. MURKOWSKI: ices and for veterans, and for other By Mr. DORGAN (for himself, Mr. S. 294. A bill to eliminate the sunset for purposes. KERRY, and Ms. SNOWE): the determination of the Federal medical as- S. 38 S. 283. A bill to amend the Internal Rev- sistance percentage for Alaska under the At the request of Mr. VOINOVICH, the enue Code of 1986 to allow tax-free distribu- Medicare, Medicaid, and SCHIP Benefits Im- name of the Senator from Ohio (Mr. tions from individual retirement accounts provement and Protection Act of 2000; to the for charitable purposes; to the Committee on DEWINE) was added as a cosponsor of S. Committee on Finance. 38, a bill to designate the Federal Finance. By Ms. MURKOWSKI: By Mr. MCCAIN: S. 295. A bill to amend the Denali Commis- building and United States courthouse S. 284. A bill to amend the Internal Rev- sion Act of 1998 to establish the Denali trans- located at 10 East Commerce Street in enue Code of 1986 to provide a special rule for portation system in the State of Alaska; to Youngstown, Ohio, as the ‘‘Nathaniel members of the uniformed services and the the Committee on Energy and Natural Re- R. Jones Federal Building and United Foreign Service in determining the exclusion sources. States Courthouse. of gain from the sale of a principal residence; By Mr. CAMPBELL: S. 85 to the Committee on Finance. S. 296. A bill to require the Secretary of At the request of Mr. LUGAR, the By Mr. CAMPBELL: Defense to report to Congress regarding the S. 285. A bill to authorize the integration requirements applicable to the inscription of name of the Senator from Massachu- and consolidation of alcohol and substance veterans’ names on the memorial wall of the setts (Mr. KERRY) was added as a co- abuse programs and services provided by In- Vietnam Veterans Memorial; to the Com- sponsor of S. 85, a bill to amend the In- dian tribal governments, and for other pur- mittee on Energy and Natural Resources. ternal Revenue Code of 1986 to provide poses; to the Committee on Indian Affairs. By Mr. CAMPBELL: for a charitable deduction for contribu- By Mr. BOND (for himself, Mr. DODD, S. 297. A bill to provide reforms and re- tions of food inventory. Mr. FRIST, and Mr. KENNEDY): sources to the Bureau of Indian Affairs to S. 286. A bill to revise and extend the Birth S. 87 improve the Federal acknowledgement proc- Defects Prevention Act of 1998; to the Com- ess, and for other purposes; to the Com- At the request of Mrs. CLINTON, the mittee on Health, Education, Labor, and mittee on Indian Affairs. name of the Senator from Connecticut Pensions. By Mr. BAUCUS (for himself, Ms. (Mr. LIEBERMAN) was added as a co- By Mr. LEAHY (for himself, Mr. BEN- CANTWELL, Mrs. MURRAY, Mrs. CLIN- sponsor of S. 87, a bill to provide for NETT, Mr. BINGAMAN, Mr. COCHRAN, TON, Mr. HARKIN, Mr. KOHL, Mr. WAR- Mr. DASCHLE, Mr. DURBIN, Mr. homeland security block grants. NER, Mr. ALLEN, Mr. FEINGOLD, Mr. GRAHAM of Florida, Mr. KENNEDY, Mr. S. 98 SCHUMER, and Mr. GRASSLEY): LIEBERMAN, Mrs. LINCOLN, Mr. WAR- At the request of Mr. ALLARD, the S. 298. A bill to provide tax relief and as- NER, Ms. CANTWELL, Mr. JEFFORDS, sistance for the families of the heroes of the name of the Senator from New Hamp- Mr. JOHNSON, and Mr. KERRY): Space Shuttle Columbia, and for other pur- shire (Mr. GREGG) was added as a co- S. 287. A bill to amend the Internal Rev- sponsor of S. 98, a bill to amend the enue Code of 1986 to provide that a deduction poses; to the Committee on Finance. equal to fair market value shall be allowed By Ms. SNOWE (for herself and Ms. Bank Holding Company Act of 1956, and for charitable contributions of literary, mu- COLLINS): the Revised Statutes of the United sical, artistic, or scholarly compositions cre- S. 299. A bill to modify the boundaries for States, to prohibit financial holding ated by the donor; to the Committee on Fi- a certain empowerment zone designation; to companies and national banks from en- nance. the Committee on Finance. gaging, directly or indirectly, in real By Mr. CAMPBELL: By Mr. KERRY (for himself, Mr. MCCAIN, Mr. KENNEDY, Mr. DASCHLE, estate brokerage or real estate man- S. 288. A bill to encourage contracting by agement activities, and for other pur- Indians and Indian tribes for the manage- Mr. SCHUMER, and Mr. LIEBERMAN): ment of Federal land, and for other purposes; S. 300. A bill to award a congressional gold poses. to the Committee on Indian Affairs. medal to Jackie Robinson (posthumously), in S. 130 By Mr. GRASSLEY (for himself, Mr. recognition of his many contributions to the At the request of Mrs. BOXER, the Nation, and to express the sense of Congress BAUCUS, Mr. MCCAIN, Mr. ROCKE- name of the Senator from Oregon (Mr. that there should be a national day in rec- FELLER, Mr. HATCH, Mr. CONRAD, Mr. WYDEN) was added as a cosponsor of S. DEWINE, Mr. GRAHAM of Florida, Mr. ognition of Jackie Robinson; to the Com- mittee on Banking, Housing, and Urban Af- 130, a bill to amend the labeling re- SMITH, Mr. BINGAMAN, Mr. ALLARD, quirements of the Dolphin Protection Mrs. LINCOLN, Mr. WARNER, Mr. JOHN- fairs. Consumer Information Act, and for SON, Mr. HARKIN, Mr. DURBIN, and Ms. f LANDRIEU): other purposes. S. 289. A bill to amend the Internal Rev- SUBMISSION OF CONCURRENT AND S. 138 enue Code of 1986 to provide tax equity for SENATE RESOLUTIONS At the request of Mr. ROCKEFELLER, military personnel, and for other purposes; The following concurrent resolutions the names of the Senator from to the Committee on Finance. and Senate resolutions were read, and Vermont (Mr. LEAHY) and the Senator By Mr. BINGAMAN (for himself, Mr. referred (or acted upon), as indicated: from Michigan (Mr. LEVIN) were added ROBERTS, Mr. INHOFE, Mrs. HUTCHISON, Mr. DOMENICI, and Mr. By Mr. COCHRAN: as cosponsors of S. 138, a bill to tempo- BROWNBACK): S. Res. 42. A resolution to refer S. 279, enti- rarily increase the Federal medical as- S. 290. A bill to amend the Intermodal Sur- tled ‘‘A bill for the relief of the heirs of sistance percentage for the medicaid face Transportation Efficiency Act of 1991 to Clark M. Beggerly, Sr., of Jackson County, program. Mississippi’’ to the chief judge of the United identify a route that passes through the S. 144 States of Texas, New Mexico, Oklahoma, and States Court of Federal Claims for a report At the request of Mr. CRAIG, the Kansas as a high priority corridor on the Na- thereon; to the Committee on the Judiciary. tional Highway System; to the Committee By Mr. FRIST (for himself and Mr. names of the Senator from Washington on Environment and Public Works. DASCHLE): (Ms. CANTWELL) and the Senator from By Mr. GRAHAM of South Carolina: S. Res. 43. A resolution to commend Daniel Hawaii (Mr. AKAKA) were added as co- S. 291. A bill to increase the amount of stu- W. Pelham; considered and agreed to. sponsors of S. 144, a bill to require the dent loans that may be forgiven for teachers By Mr. GRAHAM of South Carolina Secretary of the Interior to establish a in mathematics, science, and special edu- (for himself, Mr. DORGAN, Ms. MUR- program to provide assistance through KOWSKI, Mr. BIDEN, and Mr. REED): cation; to the Committee on Health, Edu- States to eligible weed management cation, Labor, and Pensions. S. Res. 44. A resolution designating the By Mr. GRAHAM of South Carolina: week beginning February 2, 2003, as ‘‘Na- entities to control or eradicate harm- S. 292. A bill to amend the Fair Labor tional School Counseling Week’’; to the ful, nonnative weeds on public and pri- Standards Act of 1938 to exempt licensed fu- Committee on the Judiciary. vate land.

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A04FE6.040 S04PT1 S1872 CONGRESSIONAL RECORD — SENATE February 4, 2003 S. 151 egon (Mr. SMITH) were added as cospon- Jackson Hold National Monument. The At the request of Mr. HATCH, the sors of S.J. Res. 1, A joint resolution park currently encompasses approxi- name of the Senator from Alabama proposing an amendment to the Con- mately 310,000 acres of wilderness and (Mr. SHELBY) was added as a cosponsor stitution of the United States to pro- has some of the most amazing moun- of S. 151, a bill to amend title 18, tect the rights of crime victims. tain scenery anywhere in our country. United States Code, with respect to the S. RES. 28 This park has become an extremely im- sexual exploitation of children. At the request of Mr. BYRD, the name portant element of the National Park system, drawing almost 2.7 million S. 160 of the Senator from Vermont (Mr. JEF- visitors in 1999. At the request of Mr. BURNS, the FORDS) was added as a cosponsor of S. When Wyoming became a State in name of the Senator from Massachu- Res. 28, A resolution expressing the 1890, sections of land were set aside for setts (Mr. KERRY) was added as a co- sense of the Senate that the United Na- school revenue purposes. All income sponsor of S. 160, a bill to amend the tions weapons inspectors should be from these lands—rents, grazing fees, Internal Revenue Code of 1986 to allow given sufficient time for a thorough as- sales or other sources—is placed in a the expensing of broadband Internet sessment of the level of compliance by special trust fund for the benefit of stu- access expenditures, and for other pur- the Government of Iraq with United dents in the State. The establishment poses. Nations Security Council Resolution of these sections predates the creation S. 196 1441 (2002) and that the United States of most national parks or monuments At the request of Mr. ALLEN, the should seek a United Nations Security within our State boundaries, creating names of the Senator from Pennsyl- Council resolution specifically author- several State inholdings on federal vania (Mr. SANTORUM), the Senator izing the use of force before initiating land. The legislation I am introducing from Colorado (Mr. CAMPBELL) and the any offensive military operations today would allow the Federal Govern- Senator from Mississippi (Mr. LOTT) against Iraq. ment to remove the State school trust were added as cosponsors of S. 196, a S. RES. 29 lands from Grand Teton National Park bill to establish a digital and wireless At the request of Mr. CAMPBELL, the and allow the State to capture fair network technology program, and for name of the Senator from Colorado value for this property to benefit Wyo- other purposes. (Mr. ALLARD) was added as a cosponsor ming school children. S. 227 of S. Res. 29, A resolution demanding This bill, entitled the ‘‘Grand Teton At the request of Mrs. FEINSTEIN, the the return of the USS Pueblo to the National Park Land Exchange Act,’’ name of the Senator from Georgia (Mr. United States Navy. identifies approximately 1406 acres of CHAMBLISS) was added as a cosponsor of S. RES. 40 State lands and mineral interests with- S. 227, a bill to amend the Higher Edu- At the request of Mr. BIDEN, the in the boundaries of Grand Teton Na- cation Act of 1965 to extend loan for- names of the Senator from Hawaii (Mr. tional Park for exchange for Federal assets. These federal assets could in- giveness for certain loans to certified AKAKA), the Senator from New York clude mineral royalties, appropriated or licensed teachers, to provide for (Mrs. CLINTON), the Senator from New dollars, Federal lands or combination grants that promote teacher certifi- Jersey (Mr. CORZINE), the Senator from of any of these elements. cation and licensing, and for other pur- Wisconsin (Mr. FEINGOLD), the Senator The bill also identifies an appraisal poses. from Massachusetts (Mr. KENNEDY), the process for the State and Federal Gov- S. 238 Senator from Louisiana (Ms. ernment to determine a fair value of LANDRIEU), the Senator from Vermont At the request of Mr. REED, the name the State property located within the (Mr. LEAHY), the Senator from Michi- of the Senator from New Mexico (Mr. park boundaries. After the bill is BINGAMAN) was added as a cosponsor of gan (Ms. STABENOW) and the Senator signed into law, the land would be val- S. 238, a bill to reauthorize the Museum from Oregon (Mr. WYDEN) were added ued by one of the following methods: 1. and Library Services Act, and for other as cosponsors of S. Res. 40, A resolution the Interior Secretary and Governor purposes. reaffirming congressional commitment would mutually agree on a qualified S. 240 to title IX of the Education Amend- appraiser to conduct the appraisal of At the request of Mr. FITZGERALD, ments of 1972 and its critical role in the State lands in the park; 2. If there the name of the Senator from Missouri guaranteeing equal educational oppor- is no agreement about the appraiser, (Mr. TALENT) was added as a cosponsor tunities for women and girls, particu- the Interior Secretary and Governor of S. 240, a bill to amend the Internal larly with respect to school athletics. would each designate a qualified ap- Revenue Code of 1986 to allow alloca- f praiser. The two designated appraisers tion of small ethanol producer credit to STATEMENTS ON INTRODUCED would select a third appraiser to per- patrons of cooperative, and for other BILLS AND JOINT RESOLUTIONS form the appraisal with the advice and purposes. assistance of the designated appraisers. By Mr. THOMAS (for himself and S. 253 If the Interior Secretary and Gov- Mr. ENZI): At the request of Mr. CAMPBELL, the ernor cannot agree on the evaluations S. 273. A bill to provide for the expe- of the State lands 180 days after the name of the Senator from Kansas (Mr. ditious completion of the acquistion of BROWNBACK) was added as a cosponsor date of enactment, the Governor may land owned by the State of Wyoming petition the U.S. Court of Federal of S. 253, a bill to amend title 18, within the boundaries of Grand Teton United States Code, to exempt quali- Claims to determine the final value. National Park, and for other purposes; One-hundred-eighty days after the fied current and former law enforce- to the Committee on Energy and Nat- ment officers from State laws prohib- State land value is determined, the In- ural Resources. terior Secretary, in consultation with iting the carrying of concealed hand- Mr. THOMAS. Mr. President, I am guns. the Governor, shall exchange Federal pleased to introduce a bill today to au- assets of equal value for the state S. 265 thorize the exchange of State lands in- lands. At the request of Mrs. BOXER, the side Grand Teton National Park. The management of our public lands name of the Senator from Illinois (Mr. Grand Teton National Park was es- and natural resources is often com- DURBIN) was added as a cosponsor of S. tablished by Congress on February 29, plicated and requires the coordination 265, a bill to amend the Internal Rev- 1929, to protect the natural resources of of many individuals to accomplish de- enue Code of 1986 to include sports util- the Teton range and recognize the sired objectives. When western folks ity vehicles in the limitation on the de- Jackson area’s unique beauty. On discuss federal land issues, we do not preciation of certain luxury auto- March 15, 1943, President Franklin often have an opportunity to identify mobiles. Delano Roosevelt established the Jack- proposals that capture this type of con- S.J. RES. 1 son Hole National Monument adjacent sensus and enjoy the support from a At the request of Mr. KYL, the names to the park. Congress expanded the wide array of interests; however, this of the Senator from Connecticut (Mr. Park on September 14, 1950, by includ- land exchange offers just such a unique LIEBERMAN) and the Senator from Or- ing a portion of the lands from the prospect.

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\A04FE6.042 S04PT1 February 4, 2003 CONGRESSIONAL RECORD — SENATE S1873 This legislation is needed to improve Representatives. Such lands or interests are familiar with the many class action the management of Grand Teton Na- shall not be available for exchange unless au- lawsuits where plaintiffs were awarded tional Park, by protecting the future of thorized by an Act of Congress enacted after nothing or coupons of limited value, the date of submission of the report. these unique lands against develop- while the lawyers got all the money in SEC. 4. VALUATION OF STATE AND FEDERAL IN- ment pressures and allow the State of TERESTS. attorney’s fees. Everyone of us has Wyoming to access their assets to ad- (a) AGREEMENT ON APPRAISER.—If the Sec- found ourselves to have been a poten- dress public school funding needs. retary and the Governor are unable to agree tial member of a plaintiff class in a This bill enjoys the support of many on the value of any Federal lands eligible for class action lawsuit, and for those of us different groups including the National exchange under section 3(a)(3) or State lands, who are not lawyers, it has been impos- Park Service, the Wyoming Governor, then the Secretary and the Governor may se- sible to know what our rights are or lect a qualified appraiser to conduct an ap- State officials, as well as folks from whether we are being served the attor- the local community. During the 107th praisal of those lands. The purchase or ex- change under section 3(a) shall be conducted neys we never hired in the first place. Congress the Senate passed this exact based on the values determined by the ap- same legislation three separate times In addition, most class action law- praisal. suits are being filed in state courts, unanimously. Unfortunately, due to (b) NO AGREEMENT ON APPRAISER.—If the even though these are usually the cases complications unrelated to the bill was Secretary and the Governor are unable to not able to be sent to the President for agree on the selection of a qualified ap- that involve the most money, have na- signature and enactment. It is my hope praiser under subsection (a), then the Sec- tionwide implications, and implicate that the Senate, and the Congress, will retary and the Governor shall each designate citizens from all 50 States. Lawyers seize this opportunity to improve upon a qualified appraiser. The two designated ap- often game the system so they can praisers shall select a qualified third ap- bring lawsuits in State courts, which efforts to provide services to the Amer- praiser to conduct the appraisal with the ad- ican public. are more likely to certify class actions vice and assistance of the two designated ap- without adequately considering wheth- Mr. President, I ask unanimous con- praisers. The purchase or exchange under sent that the text of the bill printed in section 3(a) shall be conducted based on the er a class action would be fair to all the RECORD. values determined by the appraisal. class members. In some instances, class There being no objection, the bill was (c) APPRAISAL COSTS.—The Secretary and lawyers manipulate pleadings to avoid ordered to be printed in the RECORD, as the State of Wyoming shall each pay one- removal of the lawsuit to the federal follows: half of the appraisal costs under subsections courts. To do this, lawyers may claim (a) and (b). S. 273 that their clients suffered under $75,000 SEC. 5. ADMINISTRATION OF STATE LANDS AC- in damages so that the Federal thresh- Be it enacted by the Senate and House of Rep- QUIRED BY THE UNITED STATES. resentatives of the United States of America in The State lands conveyed to the United old isn’t triggered, even though their Congress assembled, States under section 3(a) shall become part clients may have suffered an even SECTION 1. SHORT TITLE. of Grand Teton National Park. The Sec- greater injury. Class lawyers also This Act may be cited as the ‘‘Grand Teton retary shall manage such lands under the sometimes defeat the complete diver- National Park Land Exchange Act’’. Act of August 25, 1916 (commonly known as sity requirement by ensuring that at SEC. 2. DEFINITIONS. the ‘‘National Park Service Organic Act’’) least one named class member is from As used in this Act: and other laws, rules, and regulations appli- the same state as a defendant, even if cable to Grand Teton National Park. (1) The term ‘‘Federal lands’’ means public every other class member is from a dif- SEC. 6. AUTHORIZATION FOR APPROPRIATIONS. lands as defined in section 103(e) of the Fed- ferent state. eral Land Policy and Management Act of There are authorized to be appropriated 1976 (43 U.S.C. 1702(e)). such sums as may be necessary for the pur- The Class Action Fairness Act of 2003 (2) The term ‘‘Governor’’ means the Gov- poses of this Act. will go a long way toward ending some ernor of the State of Wyoming. of these abuses. This modest bill care- By Mr. GRASSLEY (for himself, (3) The term ‘‘Secretary’’ means the Sec- fully fixes the more egregious problems retary of the Interior. Mr. KOHL, Mr. HATCH, Mr. CAR- with the class action system, while (4) The term ‘‘State lands’’ means lands PER, Mr. SPECTER, Mr. MILLER, preserving class action lawsuits as an and interest in lands owned by the State of Mr. CHAFEE, and Mr. LUGAR): Wyoming within the boundaries of Grand S. 274. A bill to amend the procedures important tool which brings represen- Teton National Park as identified on a map that apply to consideration of inter- tation to the unrepresented. titled ‘‘Private, State & County Inholdings First, our bill requires that notice of Grand Teton National Park’’, dated March state class actions to assure fairer out- 2001, and numbered GTNP/0001. comes for class members and defend- proposed settlements in all class ac- SEC. 3. ACQUISITION OF STATE LANDS. ants, and for other purposes; to the tions, as well as all class notices, must (a) The Secretary is authorized to acquire Committee on the Judiciary. be in clear, easily understood English approximately 1,406 acres of State lands Mr. GRASSLEY. Mr. President, I rise and must include all material settle- within the exterior boundaries of Grand today to introduce The Class Action ment terms, including amount and Teton National Park, as generally depicted Fairness Act of 2003, a bill that will source of attorneys’ fees. The notices on the map referenced in section 2(4), by any help curb class action lawsuit abuse. most plaintiffs receive are written in one or a combination of the following— For the last several Congresses, Sen- small print and confusing legal jargon. (1) donation; ators KOHL, HATCH and others have (2) purchase with donated or appropriated In fact, a lawyer testified before my funds; or joined me in introducing this impor- Subcommittee that even he could not (3) exchange of Federal lands in the State tant measure. Over the years, we have understand the notice he received as a of Wyoming that are identified for disposal held several hearings on the numerous plaintiff in a class action lawsuit. under approved land use plans in effect on abuses of the class action system and Since plaintiffs are giving up their the date of enactment of this Act under sec- the urgent need for reform. The Senate right to sue, it is imperative that they tion 202 of the Federal Land Policy and Man- Judiciary Committee marked up and understand what they are doing and agement Act of 1976 (43 U.S.C. 1712) and are reported a similar class action bill in the ramifications of their actions. of equal value to the State lands acquired in the 106th Congress, and in the 107th the exchange. Second, our bill requires that State Congress the Judiciary Committee held (b) In the event that the Secretary or the attorneys general be notified of any a hearing on class action abuse. This Governor determines that the Federal lands proposed class settlement that would bi-partisan bill has garnered increasing eligible for exchange under subsection (a)(3) affect residents of their States. The no- are not sufficient or acceptable for the ac- support over the years, and I look for- tice would give a State attorney gen- quisition of all the State lands identified in ward to even greater support in this eral the opportunity to object if the section 2(4), the Secretary shall identify Congress. other Federal lands or interests therein in Abuses of the class action system settlement terms are unfair to con- the State of Wyoming for possible exchange abound. Specifically, class action cases sumers. and shall identify such lands or interests to- gether with their estimated value in a report have proven to be an easy way for at- Third, our bill disallows bounty pay- to the Committee on Energy and Natural Re- torneys to make millions of dollars ments to lead plaintiffs so lawyers sources of the United States Senate and the while the plaintiff class members re- looking for victims can’t promise them Committee on Resources of the House of ceive little or nothing of value. We all unwarranted payoffs to be their excuse

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\A04FE6.045 S04PT1 S1874 CONGRESSIONAL RECORD — SENATE February 4, 2003 for filing suit. It also prevents settle- Sec. 2. Findings and purposes. ‘‘§ 1711. Definitions ments that discriminate based on geog- Sec. 3. Consumer class action bill of rights ‘‘In this chapter: raphy, so that one plaintiff doesn’t re- and improved procedures for ‘‘(1) CLASS.—The term ‘class’ means all of interstate class actions. the class members in a class action. ceive more money just because he lives Sec. 4. Federal district court jurisdiction for near the courthouse. ‘‘(2) CLASS ACTION.—The term ‘class action’ interstate class actions. means any civil action filed in a district Fourth, our bill requires that courts Sec. 5. Removal of interstate class actions scrutinize settlements where the plain- court of the United States under rule 23 of to Federal district court. the Federal Rules of Civil Procedure or any tiffs get only coupons or non-cash Sec. 6. Report on class action settlements. Sec. 7. Effective date. civil action that is removed to a district awards, and the lawyers get money. court of the United States that was origi- SEC. 2. FINDINGS AND PURPOSES. The courts are required to make a nally filed under a State statute or rule of (a) FINDINGS.—Congress finds the fol- written finding that the settlement is judicial procedure authorizing an action to lowing: be brought by 1 or more representatives as a fair and reasonable for class members. (1) Class action lawsuits are an important class action. A court will still be able to find that a and valuable part of the legal system when ‘‘(3) CLASS COUNSEL.—The term ‘class coun- non-cash settlement, like in the case of they permit the fair and efficient resolution sel’ means the persons who serve as the at- injunctive relief banning some type of of legitimate claims of numerous parties by torneys for the class members in a proposed allowing the claims to be aggregated into a bad conduct, is fair and reasonable. But or certified class action. single action against a defendant that has al- courts would be able to throw out sham ‘‘(4) CLASS MEMBERS.—The term ‘class legedly caused harm. settlements where the lawyers get big members’ means the persons (named or (2) Over the past decade, there have been paychecks but the plaintiffs get noth- unnamed) who fall within the definition of abuses of the class action device that have— the proposed or certified class in a class ac- ing but coupons. (A) harmed class members with legitimate tion. Finally, our bill allows more class ac- claims and defendants that have acted re- ‘‘(5) PLAINTIFF CLASS ACTION.—The term tion lawsuits to be removed from state sponsibly; ‘plaintiff class action’ means a class action court to federal court, either by a de- (B) adversely affected interstate com- in which class members are plaintiffs. fendant or an unnamed class member. merce; and ‘‘(6) PROPOSED SETTLEMENT.—The term (C) undermined public respect for our judi- A class action would qualify for federal ‘proposed settlement’ means an agreement cial system. jurisdiction if the total damages ex- regarding a class action that is subject to (3) Class members often receive little or no ceed $2,000,000 and parties include citi- court approval and that, if approved, would benefit from class actions, and are some- zens from multiple States. Currently, be binding on some or all class members. times harmed, such as where— class lawyers can avoid removal if indi- (A) counsel are awarded large fees, while ‘‘§ 1712. Judicial scrutiny of coupon and other vidual claims are for $75,000 or less, leaving class members with coupons or other noncash settlements even if hundreds of millions of dollars awards of little or no value; ‘‘The court may approve a proposed settle- in total are at stake, or if just one (B) unjustified awards are made to certain ment under which the class members would class member is from the same State as plaintiffs at the expense of other class mem- receive noncash benefits or would otherwise a defendant. But if a case really be- bers; and be required to expend funds in order to ob- longs in state court because it’s a (C) confusing notices are published that tain part or all of the proposed benefits only after a hearing to determine whether, and State-law question or the substantial prevent class members from being able to fully understand and effectively exercise making a written finding that, the settle- majority of class members and defend- their rights. ment is fair, reasonable, and adequate for ants are in-State, the case will stay in (4) Abuses in class actions undermine the class members. state court. national judicial system, the free flow of ‘‘§ 1713. Protection against loss by class mem- We need class action reform badly. interstate commerce, and the concept of di- bers Both plaintiffs and defendants are call- versity jurisdiction as intended by the fram- ‘‘The court may approve a proposed settle- ing for change in this area. The Class ers of the United States Constitution, in ment under which any class member is obli- Action Fairness Act of 2003 is a good, that State and local courts are— gated to pay sums to class counsel that modest bill that will help curb the (A) keeping cases of national importance would result in a net loss to the class mem- many problems that have plagued the out of Federal court; ber only if the court makes a written finding (B) sometimes acting in ways that dem- that nonmonetary benefits to the class mem- class action system. onstrate bias against out-of-State defend- This bill will remove the conflict of ber substantially outweigh the monetary ants; and loss. interest that lawyers face in class ac- (C) making judgments that impose their ‘‘§ 1714. Protection against discrimination tion lawsuits, and will ensure the fair view of the law on other States and bind the based on geographic location settlement of these cases. This bill will rights of the residents of those States. preserve the process, but put a stop to (b) PURPOSES.—The purposes of this Act ‘‘The court may not approve a proposed settlement that provides for the payment of the more egregious abuses. I urge all are to— (1) assure fair and prompt recoveries for greater sums to some class members than to my colleagues to join Senators KOHL, class members with legitimate claims; others solely on the basis that the class HATCH, CARPER, SPECTER, CHAFEE, (2) restore the intent of the framers of the members to whom the greater sums are to be LUGAR, MILLER and I in supporting this United States Constitution by providing for paid are located in closer geographic prox- important legislation. Federal court consideration of interstate imity to the court. Mr. President I ask unanimous con- cases of national importance under diversity ‘‘§ 1715. Prohibition on the payment of boun- sent that the text of the bill be printed jurisdiction; and ties in the RECORD. (3) benefit society by encouraging innova- ‘‘(a) IN GENERAL.—The court may not ap- There being no objection, the bill was tion and lowering consumer prices. prove a proposed settlement that provides ordered to be printed in the RECORD, as SEC. 3. CONSUMER CLASS ACTION BILL OF for the payment of a greater share of the follows: RIGHTS AND IMPROVED PROCE- award to a class representative serving on DURES FOR INTERSTATE CLASS AC- behalf of a class, on the basis of the formula S. 274 TIONS. for distribution to all other class members, Be it enacted by the Senate and House of Rep- (a) IN GENERAL.—Part V is amended by in- than that awarded to the other class mem- resentatives of the United States of America in serting after chapter 113 the following: bers. Congress assembled, ‘‘CHAPTER 114—CLASS ACTIONS ‘‘(b) RULE OF CONSTRUCTION.—The limita- SECTION 1. SHORT TITLE; REFERENCE; TABLE OF ‘‘Sec. tion in subsection (a) shall not be construed CONTENTS. ‘‘1711. Definitions. to prohibit a payment approved by the court (a) SHORT TITLE.—This Act may be cited as ‘‘1712. Judicial scrutiny of coupon and other for reasonable time or costs that a person the ‘‘Class Action Fairness Act of 2003’’. noncash settlements. was required to expend in fulfilling the obli- (b) REFERENCE.—Whenever in this Act ref- ‘‘1713. Protection against loss by class mem- erence is made to an amendment to, or re- gations of that person as a class representa- bers. tive. peal of, a section or other provision, the ref- ‘‘1714. Protection against discrimination erence shall be considered to be made to a based on geographic location. ‘‘§ 1716. Clearer and simpler settlement infor- section or other provision of title 28, United ‘‘1715. Prohibition on the payment of boun- mation States Code. ties. ‘‘(a) PLAIN ENGLISH REQUIREMENTS.—Any (c) TABLE OF CONTENTS.—The table of con- ‘‘1716. Clearer and simpler settlement infor- court with jurisdiction over a plaintiff class tents for this Act is as follows: mation. action shall require that any written notice Sec. 1. Short title; reference; table of con- ‘‘1717. Notifications to appropriate Federal concerning a proposed settlement of the tents. and State officials. class action provided to the class through

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A04FE6.050 S04PT1 February 4, 2003 CONGRESSIONAL RECORD — SENATE S1875 the mail or publication in printed media con- If there is no primary regulator, supervisor, Federal official and the appropriate State of- tain— or licensing authority, or the matters al- ficial are served with the notice required ‘‘(1) at the beginning of such notice, a leged in the class action are not subject to under subsection (b). statement in 18-point or greater bold type, regulation or supervision by that person, ‘‘(e) NONCOMPLIANCE IF NOTICE NOT PRO- stating ‘LEGAL NOTICE: YOU ARE A then the appropriate State official shall be VIDED.— PLAINTIFF IN A CLASS ACTION LAWSUIT the State attorney general. ‘‘(1) IN GENERAL.—A class member may AND YOUR LEGAL RIGHTS ARE AF- ‘‘(b) IN GENERAL.—Not later than 10 days refuse to comply with and may choose not to FECTED BY THE SETTLEMENT DE- after a proposed settlement of a class action be bound by a settlement agreement or con- SCRIBED IN THIS NOTICE.’; is filed in court, each defendant that is par- sent decree in a class action if the class ‘‘(2) a short summary written in plain, eas- ticipating in the proposed settlement shall member demonstrates that the notice re- ily understood language, describing— serve upon the appropriate State official of quired under subsection (b) has not been pro- ‘‘(A) the subject matter of the class action; each State in which a class member resides vided. ‘‘(B) the members of the class; and the appropriate Federal official, a notice ‘‘(2) LIMITATION.—A class member may not ‘‘(C) the legal consequences of being a of the proposed settlement consisting of— refuse to comply with or to be bound by a member of the class action; ‘‘(1) a copy of the complaint and any mate- settlement agreement or consent decree ‘‘(D) if the notice is informing class mem- rials filed with the complaint and any under paragraph (1) if the notice required bers of a proposed settlement agreement— amended complaints (except such materials under subsection (b) was directed to the ap- ‘‘(i) the benefits that will accrue to the shall not be required to be served if such ma- propriate Federal official and to either the class due to the settlement; terials are made electronically available State attorney general or the person that ‘‘(ii) the rights that class members will through the Internet and such service in- has primary regulatory, supervisory, or li- lose or waive through the settlement; cludes notice of how to electronically access censing authority over the defendant. such material); ‘‘(iii) obligations that will be imposed on ‘‘(3) APPLICATION OF RIGHTS.—The rights ‘‘(2) notice of any scheduled judicial hear- the defendants by the settlement; created by this subsection shall apply only ing in the class action; ‘‘(iv) the dollar amount of any attorney’s to class members or any person acting on a ‘‘(3) any proposed or final notification to fee class counsel will be seeking, or if not class member’s behalf, and shall not be con- class members of— possible, a good faith estimate of the dollar strued to limit any other rights affecting a ‘‘(A)(i) the members’ rights to request ex- amount of any attorney’s fee class counsel class member’s participation in the settle- clusion from the class action; or will be seeking; and ment. ‘‘(ii) if no right to request exclusion exists, ‘‘(v) an explanation of how any attorney’s ‘‘(f) RULE OF CONSTRUCTION.—Nothing in a statement that no such right exists; and fee will be calculated and funded; and this section shall be construed to expand the ‘‘(B) a proposed settlement of a class ac- ‘‘(E) any other material matter. authority of, or impose any obligations, du- tion; ‘‘(b) TABULAR FORMAT.—Any court with ju- ties, or responsibilities upon, Federal or ‘‘(4) any proposed or final class action set- risdiction over a plaintiff class action shall State officials.’’. tlement; require that the information described in (b) TECHNICAL AND CONFORMING AMEND- ‘‘(5) any settlement or other agreement subsection (a)— MENT.—The table of chapters for part V is contemporaneously made between class ‘‘(1) be placed in a conspicuous and promi- amended by inserting after the item relating counsel and counsel for the defendants; nent location on the notice; to chapter 113 the following: ‘‘(6) any final judgment or notice of dis- ‘‘(2) contain clear and concise headings for ‘‘114. Class Actions ...... 1711’’. each item of information; and missal; ‘‘(7)(A) if feasible, the names of class mem- SEC. 4. FEDERAL DISTRICT COURT JURISDIC- ‘‘(3) provide a clear and concise form for TION FOR INTERSTATE CLASS AC- stating each item of information required to bers who reside in each State and the esti- mated proportionate share of the claims of TIONS. be disclosed under each heading. (a) APPLICATION OF FEDERAL DIVERSITY JU- ‘‘(c) TELEVISION OR RADIO NOTICE.—Any no- such members to the entire settlement to RISDICTION.—Section 1332 is amended— tice provided through television or radio (in- that State’s appropriate State official; or ‘‘(B) if the provision of information under (1) by redesignating subsection (d) as sub- cluding transmissions by cable or satellite) section (e); and to inform the class members in a class action subparagraph (A) is not feasible, a reason- able estimate of the number of class mem- (2) by inserting after subsection (c) the fol- of the right of each member to be excluded lowing: from a class action or a proposed settlement, bers residing in each State and the estimated proportionate share of the claims of such ‘‘(d)(1) In this subsection— if such right exists, shall, in plain, easily un- ‘‘(A) the term ‘class’ means all of the class derstood language— members to the entire settlement; and ‘‘(8) any written judicial opinion relating members in a class action; ‘‘(1) describe the persons who may poten- ‘‘(B) the term ‘class action’ means any tially become class members in the class ac- to the materials described under subpara- graphs (3) through (6). civil action filed under rule 23 of the Federal tion; and Rules of Civil Procedure or similar State ‘‘(2) explain that the failure of a class ‘‘(c) DEPOSITORY INSTITUTIONS NOTIFICA- TION.— statute or rule of judicial procedure author- member to exercise his or her right to be ex- ‘‘(1) FEDERAL AND OTHER DEPOSITORY INSTI- izing an action to be brought by 1 or more cluded from a class action will result in the TUTIONS.—In any case in which the defendant representative persons as a class action; person’s inclusion in the class action. is a Federal depository institution, a deposi- ‘‘(C) the term ‘class certification order’ ‘‘§ 1717. Notifications to appropriate Federal tory institution holding company, a foreign means an order issued by a court approving and State officials bank, or a non-depository institution sub- the treatment of some or all aspects of a ‘‘(a) DEFINITIONS.— sidiary of the foregoing, the notice require- civil action as a class action; and ‘‘(1) APPROPRIATE FEDERAL OFFICIAL.—In ments of this section are satisfied by serving ‘‘(D) the term ‘class members’ means the this section, the term ‘appropriate Federal the notice required under subsection (b) upon persons (named or unnamed) who fall within official’ means— the person who has the primary Federal reg- the definition of the proposed or certified ‘‘(A) the Attorney General of the United ulatory or supervisory responsibility with class in a class action. States; or respect to the defendant, if some or all of the ‘‘(2) The district courts shall have original ‘‘(B) in any case in which the defendant is matters alleged in the class action are sub- jurisdiction of any civil action in which the a Federal depository institution, a State de- ject to regulation or supervision by that per- matter in controversy exceeds the sum or pository institution, a depository institution son. value of $2,000,000, exclusive of interest and holding company, a foreign bank, or a non- ‘‘(2) STATE DEPOSITORY INSTITUTIONS.—In costs, and is a class action in which— depository institution subsidiary of the fore- any case in which the defendant is a State ‘‘(A) any member of a class of plaintiffs is going (as such terms are defined in section 3 depository institution (as that term is de- a citizen of a State different from any de- of the Federal Deposit Insurance Act (12 fined in section 3 of the Federal Deposit In- fendant; U.S.C. 1813)), the person who has the primary surance Act (12 U.S.C. 1813)), the notice re- ‘‘(B) any member of a class of plaintiffs is Federal regulatory or supervisory responsi- quirements of this section are satisfied by a foreign state or a citizen or subject of a bility with respect to the defendant, if some serving the notice required under subsection foreign state and any defendant is a citizen or all of the matters alleged in the class ac- (b) upon the State bank supervisor (as that of a State; or tion are subject to regulation or supervision term is defined in section 3 of the Federal ‘‘(C) any member of a class of plaintiffs is by that person. Deposit Insurance Act (12 U.S.C. 1813)) of the a citizen of a State and any defendant is a ‘‘(2) APPROPRIATE STATE OFFICIAL.—In this State in which the defendant is incorporated foreign state or a citizen or subject of a for- section, the term ‘appropriate State official’ or chartered, if some or all of the matters al- eign state. means the person in the State who has the leged in the class action are subject to regu- ‘‘(3) Paragraph (2) shall not apply to any primary regulatory or supervisory responsi- lation or supervision by that person, and civil action in which— bility with respect to the defendant, or who upon the appropriate Federal official. ‘‘(A)(i) the substantial majority of the licenses or otherwise authorizes the defend- ‘‘(d) FINAL APPROVAL.—An order giving members of the proposed plaintiff class and ant to conduct business in the State, if some final approval of a proposed settlement may the primary defendants are citizens of the or all of the matters alleged in the class ac- not be issued earlier than 90 days after the State in which the action was originally tion are subject to regulation by that person. later of the dates on which the appropriate filed; and

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‘‘(ii) the claims asserted therein will be persons on the ground that the claims in- (b) REMOVAL LIMITATION.—Section 1446(b) governed primarily by the laws of the State volve common questions of law or fact. is amended in the second sentence by insert- in which the action was originally filed; ‘‘(B)(i) In any civil action described under ing ‘‘(a)’’ after ‘‘section 1332’’. ‘‘(B) the primary defendants are States, subparagraph (A)(ii), the persons who alleg- (c) TECHNICAL AND CONFORMING AMEND- State officials, or other governmental enti- edly were injured shall be treated as mem- MENTS.—The table of sections for chapter 89 ties against whom the district court may be bers of a proposed plaintiff class and the is amended by adding after the item relating foreclosed from ordering relief; or monetary relief that is sought shall be treat- to section 1452 the following: ‘‘(C) the number of members of all pro- ed as the claims of individual class members. ‘‘1453. Removal of class actions.’’. posed plaintiff classes in the aggregate is ‘‘(ii) Paragraphs (3) and (6) of this sub- SEC. 6. REPORT ON CLASS ACTION SETTLE- less than 100. section and subsections (b)(2) and (d) of sec- MENTS. ‘‘(4) In any class action, the claims of the tion 1453 shall not apply to any civil action (a) IN GENERAL.—Not later than 12 months individual class members shall be aggregated described under subparagraph (A)(i). after the date of enactment of this Act, the to determine whether the matter in con- ‘‘(iii) Paragraph (6) of this subsection, and Judicial Conference of the United States, troversy exceeds the sum or value of subsections (b)(2) and (d) of section 1453 shall with the assistance of the Director of the $2,000,000, exclusive of interest and costs. not apply to any civil action described under Federal Judicial Center and the Director of ‘‘(5) This subsection shall apply to any subparagraph (A)(ii).’’. the Administrative Office of the United class action before or after the entry of a (b) CONFORMING AMENDMENTS.— States Courts, shall prepare and transmit to class certification order by the court with (1) Section 1335 (a)(1) is amended by insert- the Committees on the Judiciary of the Sen- respect to that action. ing ‘‘(a) or (d)’’ after ‘‘1332’’. ate and the House of Representatives a re- ‘‘(6)(A) A district court shall dismiss any (2) Section 1603 (b)(3) is amended by strik- port on class action settlements. (b) CONTENT.—The report under subsection civil action that is subject to the jurisdic- ing ‘‘(d)’’ and inserting ‘‘(e)’’. (a) shall contain— tion of the court solely under this subsection SEC. 5. REMOVAL OF INTERSTATE CLASS AC- (1) recommendations on the best practices if the court determines the action may not TIONS TO FEDERAL DISTRICT that courts can use to ensure that proposed proceed as a class action based on a failure COURT. class action settlements are fair to the class to satisfy the prerequisites of rule 23 of the (a) IN GENERAL.—Chapter 89 is amended by members that the settlements are supposed Federal Rules of Civil Procedure. adding after section 1452 the following: to benefit; ‘‘(B) Nothing in subparagraph (A) shall ‘‘§ 1453. Removal of class actions (2) recommendations on the best practices prohibit plaintiffs from filing an amended ‘‘(a) DEFINITIONS.—In this section, the that courts can use to ensure that— class action in Federal court or filing an ac- terms ‘class’, ‘class action’, ‘class certifi- (A) the fees and expenses awarded to coun- tion in State court, except that any such ac- cation order’, and ‘class member’ shall have sel in connection with a class action settle- tion filed in State court may be removed to the meanings given such terms under section ment appropriately reflect the extent to the appropriate district court if it is an ac- 1332(d)(1). which counsel succeeded in obtaining full re- tion of which the district courts of the ‘‘(b) IN GENERAL.—A class action may be dress for the injuries alleged and the time, United States have original jurisdiction. removed to a district court of the United expense, and risk that counsel devoted to the ‘‘(C) In any action that is dismissed under States in accordance with this chapter, with- litigation; and this paragraph and is filed by any of the out regard to whether any defendant is a cit- (B) the class members on whose behalf the original named plaintiffs therein in the same izen of the State in which the action is settlement is proposed are the primary bene- State court venue in which the dismissed ac- brought, except that such action may be re- ficiaries of the settlement; and tion was originally filed, the limitations pe- moved— (3) the actions that the Judicial Conference riods on all reasserted claims shall be ‘‘(1) by any defendant without the consent of the United States has taken and intends deemed tolled for the period during which of all defendants; or to take toward having the Federal judiciary the dismissed class action was pending. The ‘‘(2) by any plaintiff class member who is implement any or all of the recommenda- limitations periods on any claims that were not a named or representative class member tions contained in the report. asserted in a class action dismissed under without the consent of all members of such (c) AUTHORITY OF FEDERAL COURTS.—Noth- this paragraph that are subsequently as- class. ing in this section shall be construed to alter serted in an individual action shall be ‘‘(c) WHEN REMOVABLE.—This section shall the authority of the Federal courts to super- deemed tolled for the period during which apply to any class action before or after the vise attorneys’ fees. the dismissed action was pending. entry of a class certification order in the ac- SEC. 7. EFFECTIVE DATE. ‘‘(7) Paragraph (2) shall not apply to any tion. The amendments made by this Act shall class action that solely involves a claim— ‘‘(d) PROCEDURE FOR REMOVAL.—Section apply to any civil action commenced on or ‘‘(A) concerning a covered security as de- 1446 relating to a defendant removing a case after the date of enactment of this Act. fined under 16(f)(3) of the Securities Act of shall apply to a plaintiff removing a case Mr. HATCH. Mr. President, today I 1933 and section 28(f)(5)(E) of the Securities under this section, except that in the appli- rise to introduce, along with my col- Exchange Act of 1934; cation of subsection (b) of such section the leagues Senators GRASSLEY and KOHL, ‘‘(B) that relates to the internal affairs or requirement relating to the 30-day filing pe- governance of a corporation or other form of riod shall be met if a plaintiff class member S. 274, the ‘‘Class Action Fairness Act business enterprise and that arises under or files notice of removal within 30 days after of 2003.’’ by virtue of the laws of the State in which receipt by such class member, through serv- Over the past decade, it has become such corporation or business enterprise is in- ice or otherwise, of the initial written notice clear that abuses of the class action corporated or organized; or of the class action. system have reached epidemic levels. ‘‘(C) that relates to the rights, duties (in- ‘‘(e) REVIEW OF ORDERS REMANDING CLASS In recent years, it has become equally cluding fiduciary duties), and obligations re- ACTIONS TO STATE COURTS.—Section 1447 clear that the ultimate victims of this lating to or created by or pursuant to any se- shall apply to any removal of a case under epidemic are poorly-represented class curity (as defined under section 2(a)(1) of the this section, except that notwithstanding Securities Act of 1933 and the regulations section 1447(d), an order remanding a class members and individual consumers issued thereunder). action to the State court from which it was throughout the Nation. The Class Ac- ‘‘(8) For purposes of this subsection and removed shall be reviewable by appeal or tion Fairness Act of 2003 represents a section 1453 of this title, an unincorporated otherwise. modest, measured effort to remedy the association shall be deemed to be a citizen of ‘‘(f) EXCEPTION.—This section shall not plague of abuses, inconsistencies, and the State where it has its principal place of apply to any class action that solely in- inefficiencies that infest our current business and the State under whose laws it is volves— system of class action litigation. organized. ‘‘(1) a claim concerning a covered security It is essential that we address the ‘‘(9)(A) For purposes of this section and as defined under section 16(f)(3) of the Secu- abuses that are running rampant in our section 1453 of this title, a civil action that rities Act of 1933 and section 28(f)(5)(E) of the is not otherwise a class action as defined in Securities Exchange Act of 1934; current class action litigation system. paragraph (1)(B) shall nevertheless be ‘‘(2) a claim that relates to the internal af- Frequently, plaintiff class members are deemed a class action if— fairs or governance of a corporation or other not adequately informed of their rights ‘‘(i) the named plaintiff purports to act for form of business enterprise and arises under or of the terms and practical implica- the interests of its members (who are not or by virtue of the laws of the State in which tions of a proposed settlement. Too named parties to the action) or for the inter- such corporation or business enterprise is in- often judges approve settlements that ests of the general public, seeks a remedy of corporated or organized; or primarily benefit the class counsel, damages, restitution, disgorgement, or any ‘‘(3) a claim that relates to the rights, du- rather than the class members. There other form of monetary relief, and is not a ties (including fiduciary duties), and obliga- State attorney general; or tions relating to or created by or pursuant to are numerous examples of settlements ‘‘(ii) monetary relief claims in the action any security (as defined under section 2(a)(1) where class members receive little or are proposed to be tried jointly in any re- of the Securities Act of 1933 and the regula- nothing, while attorneys receive mil- spect with the claims of 100 or more other tions issued thereunder).’’. lions of dollars in fees. Multiple class

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A04FE6.048 S04PT1 February 4, 2003 CONGRESSIONAL RECORD — SENATE S1877 action suits asserting the same claims Although some critics have argued formity in ranking criteria and con- on behalf of the same plaintiffs are rou- that this amendment to diversity juris- tractual guidelines. This legislation tinely filed in different State courts, diction somehow violates the prin- also would establish a Federal regu- causing judicial inefficiencies and en- ciples of federalism or is inconsistent latory entity to oversee professional couraging collusive settlement behav- with the Constitution, I fully agree boxing and set uniform standards for ior. And State courts are more fre- with Mr. Walter Dellinger, former So- certain aspects of the sport. quently certifying national classes licitor General, who testified at our Ju- Since 1996, Congress has acted to im- leading to rulings that infringe upon or diciary Committee hearing last fall, prove the sport of boxing by passing conflict with the established laws and that it is ‘‘difficult to understand any two laws, the Professional Boxing Safe- policies of other states. objection to the goal of bringing to the ty Act of 1996, and the Muhammad Ali Despite the mountains of evidence federal court cases of genuine national Boxing Reform Act of 2000. These laws demonstrating the drastically increas- importance that fall clearly within the were intended to establish uniform ing harms caused by class action jurisdiction conferred on those courts standards to improve the health and abuses, I am sure that some will at- by Article III of the Constitution.’’ safety of boxers, and to better protect tempt to deny the existence of any Last, I would like to express my ap- them from the sometimes coercive, ex- problem at all. Others will try to con- preciation to the many individuals who ploitative, and unethical business prac- fuse the issue with spurious claims have shared with me the details of tices of promoters, managers, and sanc- that proposed reforms would somehow their experiences with class action liti- tioning organizations. disadvantage victims with legitimate gation. In particular, I am grateful to While the Professional Boxing Safety claims or further worsen class action those victims of various abuses of the Act, as amended by the Muhammad Ali abuses. Others may even contend that Act, has had some positive effects on current system who have come forward past legislative reforms have contrib- the sport, I am concerned by the re- and told their stories in the hope that uted to recent financial debacles and peated failure of some State and tribal something positive might come out of that the proposed reforms will encour- boxing commissions to comply with their terrible experiences. age more. Such claims are nothing the law, and the lack of enforcement of Among those who have come forward more than red herrings intended to di- the law by both Federal and State law is Irene Taylor of Tyler, TX, who was vert the debate from the real issues. enforcement officials. Corruption re- bilked out of approximately $20,000 in a In this regard let me emphasize a few mains endemic in professional boxing, telemarketing scam that defrauded points regarding S. 274. First, this bill and the sport continues to be beset senior citizens out of more than $200 does not seek to eliminate State court with a variety of problems, some be- million. In a class action brought in class action litigation. Class action yond the scope of the current system of Madison County, IL, the attorneys pur- suits brought in State courts have local regulation. proven in many contexts to be an effec- portedly representing Mrs. Taylor ne- Therefore, the bill we are introducing tive and desirable tool for protecting gotiated a proposed settlement which today would further strengthen Fed- civil and consumer rights. Nor do the will exclude her from any recovery eral boxing laws, and also create a Fed- reforms we will discuss today in any whatsoever. eral regulatory entity, the ‘‘United way diminish the rights or practical Martha Preston of Baraboo, WI, pro- States Boxing Administration’’, USBA, ability of victims to band together to vides another excellent example. Ms. to oversee the sport. The USBA would pursue their claims against large cor- Preston was involved in the famous be headed by an Administrator, ap- porations. In fact, we have included BancBoston case, brought in Alabama pointed by the President, with the ad- several consumer protection provisions State court, which involved the bank’s vice and consent of the Senate. in our legislation that I feel strongly failure to post interest to mortgage es- The primary functions of the USBA will substantially improve plaintiffs’ crow accounts in a prompt manner. Al- would be to protect the health, safety, chances of achieving a fair result in though Ms. Preston did receive a set- and general interests of boxers. More any settlement proposal. tlement of about $4, approximately $95 specifically, the USBA would, among There are three key components to S. was deducted from her account to help other things: administer Federal box- 274. First, the bill implements con- pay the class counsel’s legal fees of $8.5 ing laws and coordinate with other fed- sumer protections against abusive set- million. Notably, Ms. Preston testified eral regulatory agencies to ensure that tlements by: No. 1. requiring simplified before my committee 5 years ago ask- these laws are enforced; oversee all notices that explain to class members ing us to stop these abusive class ac- professional boxing matches in the the terms of proposed class action set- tion lawsuits, but it appears that, at United States; and work with the box- tlements and their rights with respect least thus far, her plea has not been ing industry and local commissions to to the proposed settlement in ‘‘plain heard. improve the status and standards of English’’; No. 2. enhancing judicial I urge my colleagues to support this the sport. The USBA would license box- scrutiny of coupon settlements; No. 3. modest effort to reform the abuses in ers, promoters, managers, and sanc- providing a standard for judicial ap- the current system, abuses that are ac- tioning organizations, and revoke or proval of settlements that would result tually hurting those the system is sup- suspend such licenses if the USBA be- in a net monetary loss to plaintiffs; No. posed to help. lieves that such action is in the public 4. prohibiting ‘‘bounties’’ to class rep- interest. No longer would a boxer be resentatives; and No. 5. prohibiting set- By Mr. MCCAIN (for himself and able to forum-shop for a state with a tlements that favor class members Mr. DORGAN): weak commission if he or she is based upon geographic proximity to S. 275. A bill to amend the Profes- undeserving of a license. the courthouse. sional Boxing Safety Act of 1996, and to Under this legislative proposal, the Second, the bill requires that notice establish the United States Boxing Ad- fines collected and licensing fees im- of class action settlements be sent to ministration; to the Committee on posed by the USBA would be used to appropriate State and Federal authori- Commerce, Science, and Transpor- fund a percentage of its activities. The ties to provide them with sufficient in- tation. USBA also would maintain a central- formation to determine whether the Mr. MCCAIN. Mr. President, today, I ized database of medical and statistical settlement is in the best interest of the am joined by my colleague, Senator information pertaining to boxers in the citizens they represent. DORGAN, in introducing the Profes- United States that would be used con- Finally, the bill amends the diver- sional Boxing Amendments Act of 2003. fidentially by local commissions in sity-of-citizenship jurisdiction statute This legislation is designed to making licensing decisions. to allow large interstate class actions strengthen existing Federal boxing Let me be clear. The USBA would not to be adjudicated in Federal court by laws by making uniform certain health be intended to micro-manage boxing by granting jurisdiction in class actions and safety standards, establish a cen- interfering with the daily operations of where there is ‘‘minimal diversity’’ and tralized medical registry to be used by local boxing commissions. Instead, the the aggregate amount in controversy local commissions to protect boxers, USBA would work in consultation with among all class members exceeds $2 reduce arbitrary practices of sanc- local commissions, and the USBA Ad- million. tioning organizations, and provide uni- ministrator would only exercise his/her

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G04FE6.023 S04PT1 S1878 CONGRESSIONAL RECORD — SENATE February 4, 2003 authority should reasonable grounds ‘‘(5) BOXER REGISTRY.—The term ‘boxer between a any person and a boxer under exist for intervention. registry’ means any entity certified by the which the boxer grants to that person the The problems that plague the sport Association of Boxing Commissions for the right to secure and arrange all professional of professional boxing compromise the purposes of maintaining records and identi- boxing matches requiring the boxer’s serv- fication of boxers. ices for— safety of boxers and undermine the ‘‘(6) BOXING SERVICE PROVIDER.—The term ‘‘(A) a prescribed period of time; or credibility of the sport in the eyes of ‘boxing service provider’ means a promoter, ‘‘(B) a prescribed number of professional the public. I believe this bill provides a manager, sanctioning body, licensee, or boxing matches. realistic approach to curbing these matchmaker. ‘‘(17) STATE.—The term ‘State’ means each problems, and I urge my colleagues to ‘‘(7) CONTRACT PROVISION.—The term ‘con- of the 50 States, Puerto Rico, the District of support it. tract provision’ means any legal obligation Columbia, and any territory or possession of I ask unanimous consent that the between a boxer and a boxing service pro- the United States, including the Virgin Is- vider. lands. text of this bill be printed in the ‘‘(8) INDIAN LANDS; INDIAN TRIBE.—The ‘‘(18) EFFECTIVE DATE OF THE CONTRACT.— RECORD. terms ‘Indian lands’ and ‘Indian tribe’ have The term ‘effective date of the contract’ There being no objection, the bill was the meanings given those terms by para- means the day upon which a boxer becomes ordered to be printed in the RECORD, as graphs (4) and (5), respectively, of section 4 legally bound by the contract. follows: of the Indian Gaming Regulatory Act (25 ‘‘(19) SANCTIONING ORGANIZATION.—The S. 275 U.S.C. 2703). term ‘sanctioning organization’ means an or- ‘‘(9) LICENSEE.—The term ‘licensee’ means ganization, other than a boxing commission, Be it enacted by the Senate and House of Rep- an individual who serves as a trainer, second, that sanctions professional boxing matches, resentatives of the United States of America in or cut man for a boxer. ranks professional boxers, or charges a sanc- Congress assembled, ‘‘(10) LOCAL BOXING AUTHORITY.—The term tioning fee for professional boxing matches SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ‘local boxing authority’ means— in the United States— (a) SHORT TITLE.—This Act may be cited as ‘‘(A) any agency of a State, or of a political ‘‘(A) between boxers who are residents of the ‘‘Professional Boxing Amendments Act subdivision of a State, that has authority different States; or of 2003’’. under the laws of the State to regulate pro- ‘‘(B) that are advertised, otherwise pro- (b) TABLE OF CONTENTS.—The table of con- fessional boxing; and moted, or broadcast (including closed circuit tents for this Act is as follows: ‘‘(B) any agency of an Indian tribe that is television) in interstate commerce. Sec. 1. Short title; table of contents. authorized by the Indian tribe or the gov- ‘‘(20) SUSPENSION.—The term ‘suspension’ Sec. 2. Amendment of Professional Box- erning body of the Indian tribe to regulate includes within its meaning the revocation ing Safety Act of 1996. professional boxing on Indian lands. of a boxing license. Sec. 3. Definitions. ‘‘(11) MANAGER.—The term ‘manager’ ‘‘(21) TRIBAL ORGANIZATION.—The term Sec. 4. Purposes. means a person who, under contract, agree- ‘tribal organization’ has the same meaning Sec. 5. USBA approval, or ABC or com- ment, or other arrangement with a boxer, as in section 4(l) of the Indian Self-Deter- mission sanction, required for undertakes to control or administer, directly mination and Education Assistance Act (25 matches. or indirectly, a boxing-related matter on be- U.S.C. 450b(l)).’’. Sec. 6. Safety standards. half of that boxer, including a person who is (b) CONFORMING AMENDMENT.—Section 21 Sec. 7. Registration. a booking agent for a boxer. (15 U.S.C. 6312) is amended to read as follows: Sec. 8. Review. ‘‘(12) MATCHMAKER.—The term ‘match- ‘‘SEC. 21. PROFESSIONAL BOXING MATCHES CON- Sec. 9. Reporting. maker’ means a person that proposes, se- DUCTED ON INDIAN LANDS. Sec. 10. Contract requirements. lects, and arranges the boxers to participate (a) IN GENERAL.—Notwithstanding any Sec. 11. Coercive contracts. in a professional boxing match. other provision of law, a tribal organization Sec. 12. Sanctioning organizations. ‘‘(13) PHYSICIAN.—The term ‘physician’ may establish a boxing commission to regu- Sec. 13. Required disclosures by sanc- means a doctor of medicine legally author- late professional boxing matches held on In- tioning organizations. ized to practice medicine by the State in dian land under the jurisdiction of that trib- Sec. 14. Required disclosures by pro- which the physician performs such function al organization. moters. or action. ‘‘(b) CONTRACT WITH A BOXING COMMIS- Sec. 15. Judges and referees. ‘‘(14) PROFESSIONAL BOXING MATCH.—The SION.—A tribal organization that does not es- Sec. 16. Medical registry. term ‘professional boxing match’ means a tablish a boxing commission shall execute a Sec. 17. Conflicts of interest. boxing contest held in the United States be- contract with the Association of Boxing Sec. 18. Enforcement. tween individuals for financial compensa- Commissions, or a boxing commission that is Sec. 19. Repeal of deadwood. tion. The term ‘professional boxing match’ a member of the Association of Boxing Com- Sec. 20. Recognition of tribal law. does not include a boxing contest that is reg- missions, to regulate any professional boxing Sec. 21. Establishment of United States ulated by a duly recognized amateur sports match held on Indian land under the juris- Boxing Administration. organization, as approved by the Administra- diction of that tribal organization. If the Sec. 22. Effective date. tion. match is regulated by the Association of SEC. 2. AMENDMENT OF PROFESSIONAL BOXING ‘‘(15) PROMOTER.— Boxing Commissions, the match shall be reg- SAFETY ACT OF 1996. ‘‘(A) IN GENERAL.—The term ‘promoter’ ulated in accordance with the guidelines es- Except as otherwise expressly provided, means the person responsible for organizing, tablished by the United States Boxing Ad- whenever in this title an amendment or re- promoting, and producing a professional box- ministration. If the match is regulated by a peal is expressed in terms of an amendment ing match. boxing commission from a State other than the State within the borders of which the In- to, or repeal of, a section or other provision, ‘‘(B) NON-APPLICATION TO CERTAIN ENTI- dian land is located, the match shall be regu- the reference shall be considered to be made TIES.—The term ‘promoter’ does not include lated in accordance with the applicable re- to a section or other provision of the Profes- a premium or other cable or satellite pro- quirements of the State where the match is sional Boxing Safety Act of 1996 (15 U.S.C. gram service, hotel, casino, resort, or other held. 6301 et seq.). commercial establishment hosting or spon- ‘‘(c) STANDARDS AND LICENSING.—A tribal SEC. 3. DEFINITIONS. soring a professional boxing match unless organization that establishes a boxing com- (a) IN GENERAL.—Section 2 (15 U.S.C. 6301) it— mission shall, by tribal ordinance or resolu- is amended to read as follows: ‘‘(i) is responsible for organizing, pro- tion, establish and provide for the implemen- ‘‘SEC. 2. DEFINITIONS. moting, and producing the match; and tation of health and safety standards, licens- ‘‘In this Act: ‘‘(ii) has a promotional agreement with a ing requirements, and other requirements re- ‘‘(1) ADMINISTRATION.—The term ‘Adminis- boxer in that match. lating to the conduct of professional boxing tration’ means the United States Boxing Ad- ‘‘(C) ENTITIES ENGAGING IN PROMOTIONAL matches that are at least as restrictive as— ministration. ACTIVITIES THROUGH AN AFFILIATE.—Notwith- ‘‘(1) the otherwise applicable requirements ‘‘(2) BOUT AGREEMENT.—The term ‘bout standing subparagraph (B), an entity de- of the State in which the Indian land on agreement’ means a contract between a pro- scribed in that subparagraph shall be consid- which the professional boxing match is held moter and a boxer which requires the boxer ered to be a promoter if the person respon- is located; or to participate in a professional boxing match sible for organizing, promoting, and pro- ‘‘(2) the guidelines established by the with a designated opponent on a particular ducing a professional boxing match— United States Boxing Administration.’’. date. ‘‘(i) is directly or indirectly under the con- SEC. 4. PURPOSES. ‘‘(3) BOXER.—The term ‘boxer’ means an in- trol of, under common control with, or act- Section 3(2) (15 U.S.C. 6302(2)) is amended dividual who fights in a professional boxing ing at the direction of that entity; and by striking ‘State’. match. ‘‘(ii) organizes, promotes, and produces the SEC. 5. USBA APPROVAL, OR ABC OR COMMIS- ‘‘(4) BOXING COMMISSION.—The term ‘boxing match at the direction or request of the enti- SION SANCTION, REQUIRED FOR commission’ means an entity authorized ty. MATCHES. under State or tribal law to regulate profes- ‘‘(16) PROMOTIONAL AGREEMENT.—The term (a) IN GENERAL.—Section 4 (15 U.S.C. 6303) sional boxing matches. ‘promotional agreement’ means a contract is amended to read as follows:

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‘‘SEC. 4. APPROVAL OR SANCTION REQUIREMENT. commission is requested by a boxer, licensee, ‘‘(c) CHALLENGE OF RATING.—If a sanc- ‘‘(a) IN GENERAL.—No person may arrange, manager, matchmaker, promoter, or other tioning organization receives an inquiry promote, organize, produce, or fight in a pro- boxing service provider which provides an from a boxer challenging that organization’s fessional boxing match within the United opportunity for that person to present evi- rating of the boxer, it shall (except to the ex- States unless the match— dence.’’; tent otherwise required by the Administra- ‘‘(1) is approved by the Administration; (2) by striking subsection (b); and tion), within 7 days after receiving the re- and (3) by striking ‘‘(a) PROCEDURES.—’’. quest— ‘‘(2) is supervised by the Association of SEC. 9. REPORTING. ‘‘(1) provide to the boxer a written expla- Boxing Commissions or by a boxing commis- Section 8 (15 U.S.C. 6307) is amended— nation under penalty of perjury of the orga- sion that is a member of the Association of (1) by striking ‘‘48 business hours’’ and in- nization’s rating criteria, its rating of the Boxing Commissions. serting ‘‘2 business days’’; and boxer, and the rationale or basis for its rat- ‘‘(b) APPROVAL PRESUMED.—For purposes of (2) by striking ‘‘each boxer registry.’’ and ing (including a response to any specific subsection (a), the Administration shall be inserting ‘‘the Administration.’’. questions submitted by the boxer); and presumed to have approved any match other SEC. 10. CONTRACT REQUIREMENTS. ‘‘(2) submit a copy of its explanation to the than— Section 9 (15 U.S.C. 6307a) is amended to Association of Boxing Commissions and the ‘‘(1) a match with respect to which the Ad- read as follows: Administration.’’. ministration has been informed of an alleged ‘‘SEC. 9. CONTRACT REQUIREMENTS. SEC. 13. REQUIRED DISCLOSURES BY SANC- violation of this Act and with respect to ‘‘(a) IN GENERAL.—The Administration, in TIONING ORGANIZATIONS. which it has notified the supervising boxing consultation with the Association of Boxing Section 12 (15 U.S.C. 6307d) is amended— commission that it does not approve; Commissions, shall develop guidelines for (1) by striking the matter preceding para- ‘‘(2) a match advertised to the public as a minimum contractual provisions that shall graph (1) and inserting ‘‘Within 7 days after championship match; or be included in each bout agreement, boxer- a professional boxing match of 10 rounds or ‘‘(3) a match scheduled for 10 rounds or manager contract, and promotional agree- more, the sanctioning organization for that more. ment. Each boxing commission shall ensure match shall provide to the boxing commis- ‘‘(c) NOTIFICATION; ASSURANCES.—Each pro- that these minimal contractual provisions sion in the State or on Indian land respon- moter who intends to hold a professional are present in any such agreement or con- sible for regulating the match, and to the boxing match in a State that does not have tract submitted to it. Administration, a statement of—’’; a boxing commission shall, not later than 14 ‘‘(b) FILING AND APPROVAL REQUIRE- (2) by striking ‘‘will assess’’ in paragraph days before the intended date of that match, MENTS.— (1) and inserting ‘‘has assessed, or will as- provide assurances in writing to the Admin- ‘‘(1) ADMINISTRATION.—A manager or pro- sess,’’; and istration and the supervising boxing commis- moter shall submit a copy of each boxer- (3) by striking ‘‘will receive’’ in paragraph sion that all applicable requirements of this manager contract and each promotional (2) and inserting ‘‘has received, or will re- Act will be met with respect to that profes- agreement between that manager or pro- ceive,’’. moter and a boxer to the Administration, sional boxing match.’’. SEC. 14. REQUIRED DISCLOSURES BY PRO- (b) CONFORMING AMENDMENT.—Section 19 and, if requested, to the boxing commission MOTERS. (15 U.S.C. 6310) is repealed. with jurisdiction over the bout. Section 13 (15 U.S.C. 6307e) is amended— SEC. 6. SAFETY STANDARDS. ‘‘(2) BOXING COMMISSION.—A boxing com- (1) by striking the matter in subsection (a) Section 5 (15 U.S.C. 6304) is amended— mission may not approve a professional box- preceding paragraph (1) and inserting the fol- (1) by striking ‘‘requirements or an alter- ing match unless a copy of the bout agree- lowing: native requirement in effect under regula- ment related to that match has been filed ‘‘(a) DISCLOSURES TO BOXING COMMISSIONS tions of a boxing commission that provides with it and approved by it. AND ADMINISTRATION.—Within 7 days after a equivalent protection of the health and safe- ‘‘(c) BOND OR OTHER SURETY.—A boxing professional boxing match of 10 rounds or ty of boxers:’’ and inserting ‘‘requirements:’’; commission may not approve a professional more, the promoter of any boxer partici- boxing match unless the promoter of that (2) by adding at the end of paragraph (1) pating in that match shall provide to the match has posted a surety bond, cashier’s ‘‘The examination shall include testing for boxing commission in the State or on Indian check, letter of credit, cash, or other secu- infectious diseases in accordance with stand- land responsible for regulating the match, rity with the boxing commission in an ards established by the Administration.’’; and to the Administration—’’; (3) by striking paragraph (2) and inserting amount acceptable to the boxing commis- sion.’’. (2) by striking ‘‘writing,’’ in subsection the following: (a)(1) and inserting ‘‘writing, other than a SEC. 11. COERCIVE CONTRACTS. ‘‘(2) An ambulance continuously present on bout agreement previously provided to the Section 10 (15 U.S.C. 6307b) is amended— site.’’; commission,’’; (1) by striking paragraph (3) of subsection (4) by redesignating paragraphs (3) and (4) (3) by striking ‘‘all fees, charges, and ex- (a); as paragraphs (4) and (5), respectively, and penses that will be’’ in subsection (a)(3)(A) (2) by inserting ‘‘or elimination’’ after inserting after paragraph (2) the following: and inserting ‘‘a statement of all fees, ‘‘mandatory’’ in subsection (b). ‘‘(3) Emergency medical personnel with ap- charges, and expenses that have been, or will propriate resuscitation equipment continu- SEC. 12. SANCTIONING ORGANIZATIONS. be,’’; (a) IN GENERAL.—Section 11 (15 U.S.C. ously present on site.’’; and (4) by inserting ‘‘a statement of’’ before 6307c) is amended to read as follows: (5) by striking ‘‘match.’’ in paragraph (5), ‘‘all’’ in subsection (a)(3)(B); as redesignated, and inserting ‘‘match in an ‘‘SEC. 11. SANCTIONING ORGANIZATIONS. (5) by inserting ‘‘a statement of’’ before ‘‘(a) OBJECTIVE CRITERIA.—Within 1 year amount prescribed by the Administration.’’. ‘‘any’’ in subsection (a)(3)(C); after the date of enactment of the Profes- SEC. 7. REGISTRATION. (6) by striking the matter in subsection (b) sional Boxing Amendments Act of 2003, the Section 6 (15 U.S.C. 6305) is amended— following ‘‘BOXER.—’’ and preceding para- Administration shall develop guidelines for graph (1) and inserting ‘‘Within 7 days after (1) by inserting ‘‘or Indian tribe’’ after objective and consistent written criteria for ‘‘State’’ the second place it appears in sub- the rating of professional boxers based on a professional boxing match of 10 rounds or section (a)(2); the athletic merits of the boxers. Within 90 more, the promoter of that match shall pro- (2) by striking the first sentence of sub- days after the Administration’s promulga- vide to each boxer participating in the section (c) and inserting ‘‘A boxing commis- tion of the guidelines, each sanctioning orga- match a statement of—’’; and sion shall, in accordance with requirements nization shall adopt the guidelines and fol- (7) by striking ‘‘match;’’ in subsection established by the Administration, make a low them. (b)(1) and inserting ‘‘match, and that the health and safety disclosure to a boxer when ‘‘(b) NOTIFICATION OF CHANGE IN RATING.—A promoter has paid, or agreed to pay, to any issuing an identification card to that sanctioning organization shall, with respect other person in connection with the match;’’. boxer.’’; to a change in the rating of a boxer pre- SEC. 15. JUDGES AND REFEREES. (3) by striking ‘‘should’’ in the second sen- viously rated by such organization in the top (a) IN GENERAL.—Section 16 (15 U.S.C. tence of subsection (c) and inserting ‘‘shall, 10 boxers— 6307h) is amended— at a minimum,’’; and ‘‘(1) post a copy, within 7 days after the (1) by inserting ‘‘(a) LICENSING AND ASSIGN- (4) by adding at the end the following: change, on its Internet website or home MENT REQUIREMENT.—’’ before ‘‘No person’’; ‘‘(d) COPY OF REGISTRATION TO BE SENT TO page, if any, including an explanation of the (2) by striking ‘‘certified and approved’’ ADMINISTRATION.—A boxing commission change, for a period of not less than 30 days; and inserting ‘‘selected’’; shall furnish a copy of each registration re- (2) provide a copy of the rating change and (3) by inserting ‘‘or Indian lands’’ after ceived under subsection (a) to the Adminis- a thorough explanation in writing under pen- ‘‘State’’; and tration.’’. alty of perjury to the boxer and the Adminis- (4) by adding at the end the following: SEC. 8. REVIEW. tration; ‘‘(b) CHAMPIONSHIP AND 10-ROUND BOUTS.— Section 7 (15 U.S.C. 6306) is amended— ‘‘(3) provide the boxer an opportunity to In addition to the requirements of subsection (1) by striking paragraphs (3) and (4) of appeal the ratings change; and (a), no person may arrange, promote, orga- subsection (a) and inserting the following: ‘‘(4) apply the objective criteria for ratings nize, produce, or fight in a professional box- ‘‘(3) Procedures to review a summary sus- required under subsection (a) in considering ing match advertised to the public as a pension when a hearing before the boxing any such appeal. championship match or in a professional

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A04FE6.055 S04PT1 S1880 CONGRESSIONAL RECORD — SENATE February 4, 2003 boxing match scheduled for 10 rounds or SEC. 20. RECOGNITION OF TRIBAL LAW. ‘‘(C) to improve the status and standards of more unless all referees and judges partici- Section 22 (15 U.S.C. 6313) is amended— professional boxing in the United States; pating in the match have been licensed by (1) by insert ‘‘OR TRIBAL’’ in the section ‘‘(5) ensure, through the Attorney General, the Administration. heading after ‘‘STATE’’; and the chief law enforcement officer of the sev- ‘‘(c) SANCTIONING ORGANIZATION NOT TO IN- (2) by inserting ‘‘or Indian tribe’’ after eral States, and other appropriate officers FLUENCE SELECTION PROCESS.—A sanctioning ‘‘State’’. and agencies of Federal, State, and local organization— SEC. 21. ESTABLISHMENT OF UNITED STATES government, that Federal and State laws ap- ‘‘(1) may provide a list of judges and ref- BOXING ADMINISTRATION. plicable to professional boxing matches in erees deemed qualified by that organization (a) IN GENERAL.—The Act is amended by the United States are vigorously, effectively, to a boxing commission; but adding at the end the following: and fairly enforced; ‘‘(2) shall not influence, or attempt to in- ‘‘TITLE II—UNITED STATES BOXING ‘‘(6) review local boxing authority regula- fluence, a boxing commission’s selection of a ADMINISTRATION tions for professional boxing and provide as- judge or referee for a professional boxing ‘‘SEC. 201. PURPOSE. sistance to such authorities in meeting min- match except by providing such a list. ‘‘The purpose of this title is to protect the imum standards prescribed by the Adminis- ‘‘(d) ASSIGNMENT OF NONRESIDENT JUDGES health, safety, and welfare of boxers and to tration under this title; AND REFEREES.—A boxing commission may ensure fairness in the sport of professional ‘‘(7) serve as the coordinating body for all assign judges and referees who reside outside boxing. efforts in the United States to establish and that commission’s State or Indian land if the ‘‘SEC. 202. ESTABLISHMENT OF UNITED STATES maintain uniform minimum health and safe- judge or referee is licensed by a boxing com- BOXING ADMINISTRATION. ty standards for professional boxing; mission in the United States. ‘‘(a) IN GENERAL.—The United States Box- ‘‘(8) if the Administrator determines it to ‘‘(e) REQUIRED DISCLOSURE.—A judge or ref- ing Administration is established as an ad- be appropriate, publish a newspaper, maga- eree shall provide to the boxing commission ministration of the Department of Labor. zine, or other publication and establish and responsible for regulating a professional box- ‘‘(b) ADMINISTRATOR.— maintain a website consistent with the pur- ing match in a State or on Indian land a ‘‘(1) APPOINTMENT.—The Administration poses of the Administration; statement of all consideration, including re- shall be headed by an Administrator, ap- ‘‘(9) procure the temporary and intermit- imbursement for expenses, that the judge or pointed by the President, by and with the ad- tent services of experts and consultants to referee has received, or will receive, from vice and consent of the Senate. the extent authorized by section 3109(b) of any source for participation in the match. If ‘‘(2) QUALIFICATIONS.—The Administrator title 5, United States Code, at rates the Ad- the match is scheduled for 10 rounds or more, shall be an individual who— ministration determines to be reasonable; the judge or referee shall also provide such a ‘‘(A) has extensive experience in profes- and statement to the Administration.’’. sional boxing activities or in a field directly ‘‘(10) take any other action that is nec- (b) CONFORMING AMENDMENT.—Section 14 related to professional sports; (15 U.S.C. 6307f) is repealed. essary and proper to accomplish the purpose ‘‘(B) is of outstanding character and recog- of this title consistent with the provisions of SEC. 16. MEDICAL REGISTRY. nized integrity; and this title. The Act is amended by inserting after sec- ‘‘(C) is selected on the basis of training, ex- ‘‘(c) PROHIBITIONS.—The Administration tion 13 (15 U.S.C. 6307e) the following: perience, and qualifications and without re- may not— ‘‘SEC. 14. MEDICAL REGISTRY. gard to party affiliation. ‘‘(1) promote boxing events or rank profes- (a) IN GENERAL.—The Administration, in ‘‘(3) COMPENSATION.—Section 5315 of title 5, sional boxers; or consultation with the Association of Boxing United States Code, is amended by adding at ‘‘(2) provide technical assistance to, or au- Commissions, shall establish and maintain, the end the following: thorize the use of the name of the Adminis- or certify a third party entity to establish ‘‘The Administrator of the United States tration by, boxing commissions that do not and maintain, a medical registry that con- Boxing Administration.’’. comply with requirements of the Adminis- tains comprehensive medical records and ‘‘(4) TERM OF OFFICE.—The Administrator tration. medical denials or suspensions for every li- shall serve for a term of 4 years. ‘‘(d) USE OF NAME.—The Administration censed boxer. ‘‘(c) ASSISTANT ADMINISTRATOR; GENERAL shall have the exclusive right to use the ‘‘(b) CONTENT; SUBMISSION.—The Adminis- COUNSEL.—The Administration shall have an name ‘United States Boxing Administra- tration shall determine— Assistant Administrator and a General tion’. Any person who, without the permis- ‘‘(1) the nature of medical records and med- Counsel, who shall be appointed by the Ad- sion of the Administration, uses that name ical suspensions of a boxer that are to be for- ministrator. The Assistant Administrator or any other exclusive name, trademark, em- warded to the medical registry; and shall— blem, symbol, or insignia of the Administra- ‘‘(2) the time within which the medical ‘‘(1) serve as Administrator in the absence tion for the purpose of inducing the sale of records and medical suspensions are to be of the Administrator, in the event of the in- any goods or services, or to promote any ex- submitted to the medical registry. ability of the Administrator to carry out the hibition, performance, or sporting event, ‘‘(c) CONFIDENTIALITY.—The Administra- functions of the Administrator, or in the shall be subject to suit in a civil action by tion shall establish confidentiality standards event of a vacancy in that office; and the Administration for the remedies pro- for the disclosure of personally identifiable ‘‘(2) carry out such duties as the Adminis- vided in the Act of July 5, 1946 (commonly information to boxing commissions that trator may assign. known as the ‘Trademark Act of 1946’; 15 will— ‘‘(d) STAFF.—The Administration shall U.S.C. 1051 et seq.). ‘‘(1) protect the health and safety of boxers have such additional staff as may be nec- ‘‘SEC. 204. LICENSING AND REGISTRATION OF by making relevant information available to essary to carry out the functions of the Ad- BOXING PERSONNEL. the boxing commissions for use but not pub- ministration. ‘‘(a) LICENSING.— lic disclosure; and ‘‘SEC. 203. FUNCTIONS. ‘‘(1) REQUIREMENT FOR LICENSE.—No person ‘‘(2) ensure that the privacy of the boxers ‘‘(a) PRIMARY FUNCTIONS.—The primary may compete in a professional boxing match is protected.’’. function of the Administration are— or serve as a boxing manager, boxing pro- SEC. 17. CONFLICTS OF INTEREST. ‘‘(1) to protect the health, safety, and gen- moter, or sanctioning organization for a pro- Section 17(a) is amended by inserting ‘‘no eral interests of boxers consistent with the fessional boxing match except as provided in officer or employee of the Administration,’’ provisions of this Act; and a license granted to that person under this after ‘‘laws,’’. ‘‘(2) to ensure uniformity, fairness, and in- subsection. SEC. 18. ENFORCEMENT. tegrity in professional boxing. ‘‘(2) APPLICATION AND TERM.— Section 18 (15 U.S.C. 6309) is amended— ‘‘(b) SPECIFIC FUNCTIONS.—The Adminis- ‘‘(A) IN GENERAL.—The Administration (1) by striking ‘‘(a) INJUNCTION.—’’ in sub- trator shall— shall— section (a) and inserting ‘‘(a) ACTIONS BY AT- ‘‘(1) administer title I of this Act; ‘‘(i) establish application procedures, TORNEY GENERAL.—’’; ‘‘(2) promulgate uniform standards for pro- forms, and fees; (2) by inserting ‘‘or criminal’’ after ‘‘civil’’ fessional boxing in consultation with the ‘‘(ii) establish and publish appropriate in subsection (a); boxing commissions of the several States standards for licenses granted under this sec- (3) by inserting ‘‘any officer or employee of and tribal organizations; tion; and the Administration,’’ after ‘‘laws,’’ in sub- ‘‘(3) except as otherwise determined by the ‘‘(iii) issue a license to any person who, as section (b)(3); Administration, oversee all professional box- determined by the Administration, meets (4) by inserting ‘‘has engaged in or’’ after ing matches in the United States; the standards established by the Administra- ‘‘organization’’ in subsection (c); ‘‘(4) work with the Association of Boxing tion under this title. (5) by inserting ‘‘or criminal’’ after ‘‘civil’’ Commissions and the boxing commissions of ‘‘(B) DURATION.—A license issued under in subsection (c); the several States and tribal organizations— this section shall be for a renewable— (6) by striking ‘‘fines’’ in subsection (c)(3) ‘‘(A) to improve the safety, integrity, and ‘‘(i) 4-year term for a boxer; and and inserting ‘‘sanctions’’; and professionalism of professional boxing in the ‘‘(ii) 2-year term for any other person. (7) by striking ‘‘boxer’’ in subsection (d) United States; ‘‘(C) PROCEDURE.—The Administration may and inserting ‘‘person’’. ‘‘(B) to enhance physical, medical, finan- issue a license under this paragraph through Sec. 19. REPEAL OF DEADWOOD. cial, and other safeguards established for the local boxing authorities or in a manner de- Section 20 (15 U.S.C. 6311) is repealed. protection of professional boxers; and termined by the Administration.

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A04FE6.055 S04PT1 February 4, 2003 CONGRESSIONAL RECORD — SENATE S1881

‘‘(b) LICENSING FEES.— time that a physician certifies that the action, matter, or thing concerning the mat- ‘‘(1) AUTHORITY.—The Administration may boxer is fit to participate in a professional ter about which that individual is compelled, prescribe and charge reasonable fees for the boxing match. The Administration shall pre- after having claimed a privilege against self- licensing of persons under this title. The Ad- scribe the standards and procedures for ac- incrimination, to testify or produce evi- ministration may set, charge, and adjust cepting certifications under this subpara- dence, documentary or otherwise, except varying fees on the basis of classifications of graph. that the individual so testifying shall not be persons, functions, and events determined ‘‘(b) INVESTIGATIONS AND INJUNCTIONS.— exempt from prosecution and punishment for appropriate by the Administration. ‘‘(1) AUTHORITY.—The Administration perjury committed in so testifying. ‘‘(2) LIMITATIONS.—In setting and charging may— ‘‘(5) INJUNCTIVE RELIEF.—If the Administra- fees under paragraph (1), the Administration ‘‘(A) conduct any investigation that it con- tion determines that any person is engaged shall ensure that, to the maximum extent siders necessary to determine whether any or about to engage in any act or practice practicable— person has violated, or is about to violate, that constitutes a violation of any provision ‘‘(A) club boxing is not adversely effected; any provision of this title or any regulation of this title, or of any regulation prescribed ‘‘(B) sanctioning organizations and pro- prescribed under this title; under this title, the Administration may moters pay the largest portion of the fees; ‘‘(B) require or permit any person to file bring an action in the appropriate district and with it a statement in writing, under oath or court of the United States, the United States ‘‘(C) boxers pay as small a portion of the otherwise as the Administration shall deter- District Court for the District of Columbia, fees as is possible. mine, as to all the facts and circumstances or the United States courts of any territory ‘‘(3) COLLECTION.—Fees established under concerning the matter to be investigated; or other place subject to the jurisdiction of this subsection may be collected through ‘‘(C) in its discretion, publish information the United States, to enjoin the act or prac- local boxing authorities or by any other concerning any violations; and tice, and upon a proper showing, the court means determined appropriate by the Ad- ‘‘(D) investigate any facts, conditions, shall grant without bond a permanent or ministration. practices, or matters to aid in the enforce- temporary injunction or restraining order. ment of the provisions of this title, in the ‘‘SEC. 205. NATIONAL REGISTRY OF BOXING PER- ‘‘(6) MANDAMUS.—Upon application of the SONNEL. prescribing of regulations under this title, or Administration, the district courts of the in securing information to serve as a basis ‘‘(a) REQUIREMENT FOR REGISTRY.—The Ad- United States, the United States District ministration, in consultation with the Asso- for recommending legislation concerning the Court for the District of Columbia, and the ciation of Boxing Commissions, shall estab- matters to which this title relates. United States courts of any territory or OWERS.— lish and maintain (or authorize a third party ‘‘(2) P other place subject to the jurisdiction of the ‘‘(A) IN GENERAL.—For the purpose of any to establish and maintain) a unified national United States, shall have jurisdiction to investigation under paragraph (1), or any computerized registry for the collection, issue writs of mandamus commanding any other proceeding under this title, any officer storage, and retrieval of information related person to comply with the provisions of this designated by the Administration may ad- to the performance of its duties. title or any order of the Administration. minister oaths and affirmations, subpoena or ‘‘(b) CONTENTS.—The information in the ‘‘(c) INTERVENTION IN CIVIL ACTIONS.— otherwise compel the attendance of wit- registry shall include the following: ‘‘(1) IN GENERAL.—The Administration, on nesses, take evidence, and require the pro- ‘‘(1) BOXERS.—A list of professional boxers behalf of the public interest, may intervene duction of any books, papers, correspond- and data in the medical registry established of right as provided under rule 24(a) of the ence, memorandums, or other records which under section 114 of this Act, which the Ad- Federal Rules of Civil Procedure in any civil the Administration considers relevant or ministration shall secure from disclosure in action relating to professional boxing filed material to the inquiry. accordance with the confidentiality require- in a United States district court. ‘‘(B) WITNESSES AND EVIDENCE.—The at- ments of section 114(c). ‘‘(2) AMICUS FILING.—The Administration tendance of witnesses and the production of THER PERSONNEL.—Information (per- may file a brief in any action filed in a court ‘‘(2) O any documents under subparagraph (A) may tinent to the sport of professional boxing) on be required from any place in the United of the United States on behalf of the public boxing promoters, boxing matchmakers, box- States, including Indian land, at any des- interest in any case relating to professional ing managers, trainers, cut men, referees, ignated place of hearing. boxing. boxing judges, physicians, and any other per- ‘‘(d) HEARINGS BY ADMINISTRATION.—Hear- ‘‘(3) ENFORCEMENT OF SUBPOENAS.— sonnel determined by the Administration as ings conducted by the Administration under ‘‘(A) CIVIL ACTION.—In case of contumacy performing a professional activity for profes- by, or refusal to obey a subpoena issued to, this title shall be public and may be held be- sional boxing matches. any person, the Administration may file an fore any officer of the Administration or be- ‘‘SEC. 206. CONSULTATION REQUIREMENTS. action in any court of the United States fore a boxing commission that is a member ‘‘The Administration shall consult with within the jurisdiction of which an inves- of the Association of Boxing Commissions. local boxing authorities— tigation or proceeding is carried out, or The Administration shall keep appropriate ‘‘(1) before prescribing any regulation or where that person resides or carries on busi- records of the hearings. establishing any standard under the provi- ness, to enforce the attendance and testi- ‘‘SEC. 208. NONINTERFERENCE WITH LOCAL BOX- sions of this title; and mony of witnesses and the production of ING AUTHORITIES. ‘‘(2) not less than once each year regarding books, papers, correspondence, memoran- ‘‘(a) NONINTERFERENCE.—Nothing in this matters relating to professional boxing. dums, and other records. The court may title prohibits any local boxing authority ‘‘SEC. 207. MISCONDUCT. issue an order requiring the person to appear from exercising any of its powers, duties, or ‘‘(a) SUSPENSION AND REVOCATION OF LI- before the Administration to produce functions with respect to the regulation or CENSE OR REGISTRATION.— records, if so ordered, or to give testimony supervision of professional boxing or profes- ‘‘(1) AUTHORITY.—The Administration may, concerning the matter under investigation sional boxing matches to the extent not in- after notice and opportunity for a hearing, or in question. consistent with the provisions of this title. suspend or revoke any license issued under ‘‘(B) FAILURE TO OBEY.—Any failure to obey ‘‘(b) MINIMUM STANDARDS.—Nothing in this this title if the Administration finds that— an order issued by a court under subpara- title prohibits any local boxing authority ‘‘(A) the suspension or revocation is nec- graph (A) may be punished as contempt of from enforcing local standards or require- essary for the protection of health and safety that Court. ments that exceed the minimum standards or is otherwise in the public interest; ‘‘(C) PROCESS.—All process in any con- or requirements promulgated by the Admin- ‘‘(B) there are reasonable grounds for belief tempt case under subparagraph (A) may be istration under this title. that a standard prescribed by the Adminis- served in the judicial district in which the ‘‘SEC. 209. ASSISTANCE FROM OTHER AGENCIES. tration under this title is not being met, or person is an inhabitant or in which the per- ‘‘Any employee of any executive depart- that bribery, collusion, intentional losing, son may be found. ment, agency, bureau, board, commission, of- racketeering, extortion, or the use of unlaw- ‘‘(4) EVIDENCE OF CRIMINAL MISCONDUCT.— fice, independent establishment, or instru- ful threats, coercion, or intimidation have ‘‘(A) IN GENERAL.—No person may be ex- mentality may be detailed to the Adminis- occurred in connection with a license; or cused from attending and testifying or from tration, upon the request of the Administra- ‘‘(C) the licensee has violated any provi- producing books, papers, contracts, agree- tion, on a reimbursable or nonreimbursable sion of this Act. ments, and other records and documents be- basis, with the consent of the appropriate ‘‘(2) PERIOD OF SUSPENSION.— fore the Administration, in obedience to the authority having jurisdiction over the em- ‘‘(A) IN GENERAL.—A suspension of a li- subpoena of the Administration, or in any ployee. While so detailed, an employee shall cense under this section shall be effective for cause or proceeding instituted by the Admin- continue to receive the compensation pro- a period determined appropriate by the Ad- istration, on the ground that the testimony vided pursuant to law for the employee’s reg- ministration except as provided in subpara- or evidence, documentary or otherwise, re- ular position of employment and shall re- graph (B). quired of that person may tend to incrimi- tain, without interruption, the rights and ‘‘(B) SUSPENSION FOR MEDICAL REASONS.—In nate the person or subject the person to a privileges of that employment. the case of a suspension or denial of the li- penalty or forfeiture. ‘‘SEC. 210. REPORTS. cense of a boxer for medical reasons by the ‘‘(B) LIMITED IMMUNITY.—No individual ‘‘(a) ANNUAL REPORT.—The Administration Administration, the Administration may may be prosecuted or subject to any penalty shall submit a report on its activities to the terminate the suspension or denial at any or forfeiture for, or on account of, any trans- Senate Committee on Commerce, Science,

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A04FE6.055 S04PT1 S1882 CONGRESSIONAL RECORD — SENATE February 4, 2003 and Transportation and the House of Rep- ‘‘Sec. 111. Required disclosures for pro- Mr. BENNETT. Mr. President, I rise resentatives Committee on Commerce each moters. today to introduce the Bear River Mi- year. The annual report shall include the fol- ‘‘Sec. 112. Medical registry. gratory Bird Refuge Visitor Center ‘‘Sec. 113. Confidentiality. lowing: Act. ‘‘(1) A detailed discussion of the activities ‘‘Sec. 114. Judges and referees. of the Administration for the year covered ‘‘Sec. 115. Conflicts of interest. Long a haven for migratory birds, by the report. ‘‘Sec. 116. Enforcement. the Bear River marshes provide mil- ‘‘(2) A description of the local boxing au- ‘‘Sec. 117. Professional boxing matches lions of birds with habitat and food. In thority of each State and Indian tribe. conducted on indian lands. 1928, in response to a series of dev- ‘‘(b) PUBLIC REPORT.—The Administration ‘‘Sec. 118. Relationship with State or astating outbreaks of avian botulism, shall annually issue and publicize a report of tribal law. which killed thousands of birds along the Administration on the progress made at ‘‘Title II—United States Boxing Administra- the river, Congress established the Federal and State levels and on Indian lands tion Bear River Migratory Bird Refuge. It in the reform of professional boxing, which ‘‘Sec. 201. Purpose. serves to provide habitat for waterfowl, shall include comments on issues of con- ‘‘Sec. 202. Establishment of United tinuing concern to the Administration. States Boxing Administration. protect waterfowl from botulism out- ‘‘(c) FIRST ANNUAL REPORT ON THE ADMINIS- ‘‘Sec. 203. Functions. breaks, and provide recreational and TRATION.—The first annual report under this ‘‘Sec. 204. Licensing and registration of education opportunities to the public. title shall be submitted not later than 2 boxing personnel. In 1983, floods breached the refuge years after the effective date of this title. ‘‘Sec. 205. National registry of boxing dikes, destroyed the visitor center, and ‘‘SEC. 211. INITIAL IMPLEMENTATION. personnel. contaminated the rich wildlife habitat. ‘‘(a) TEMPORARY EXEMPTION.—The require- ‘‘Sec. 206. Consultation requirements. Thanks to the great efforts of Al ‘‘Sec. 207. Misconduct. ments for licensing under this title do not Trout, the refuge manager, refuge em- apply to a person for the performance of an ‘‘Sec. 208. Noninterference with local activity as a boxer, boxing judge, or referee, boxing authorities. ployees, and numerous volunteers, an or the performance of any other professional ‘‘Sec. 209. Assistance from other agen- increasing number of both waterfowl activity in relation to a professional boxing cies. and humans are visiting the Bear River match, if the person is licensed by a boxing ‘‘Sec. 210. Reports. Migratory Bird Refuge each year. commission to perform that activity as of ‘‘Sec. 211. Initial implementation. Today, the Bear River Refuge encom- the effective date of this title. ‘‘Sec. 212. Authorization of appropria- passes 74,000 acres and has provided ref- ‘‘(b) EXPIRATION.—The exemption under tions.’’; uge for over 220 recorded waterfowl spe- subsection (a) with respect to a license (B) by inserting before section 3 the fol- issued by a boxing commission expires on the lowing: cies. However, a new visitor center for the refuge has yet to be built. As such, earlier of— ‘‘TITLE I—PROFESSIONAL BOXING ‘‘(A) the date on which the license expires; SAFETY’’ ; rich educational opportunities associ- or (C) by redesignating sections 3, 4, 5, 6, 7, 8, ated with visitor center programs and ‘‘(B) the date that is 2 years after the date 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 21, and 22 as exhibits are not available to the public. of the enactment of the Professional Boxing sections 101 through 118, respectively; Aware of the benefits of such a center, Amendments Act of 2003. (D) by striking ‘‘section 13’’ each place it a number of local communities, the ‘‘SEC. 212. AUTHORIZATION OF APPROPRIATIONS. appears in section 113, as redesignated, and Friends of Bear River Bird Refuge, and ‘‘(a) IN GENERAL.—There are authorized to inserting ‘‘section 111’’; other nonprofit organizations have be appropriated for the Administration for (E) by striking ‘‘section 4.’’ in section raised over $1.5 million for the project. each fiscal year such sums as may be nec- 117(a), as redesignated, and inserting ‘‘sec- essary for the Administration to perform its tion 102.’’; This legislation would authorize $11 functions for that fiscal year. (F) by striking ‘‘9(b), 10, 11, 12, 13, 14, or million to be used for the construction ‘‘(b) RECEIPTS CREDITED AS OFFSETTING 16,’’ in paragraph (1) of section 116(b), as re- of an Education Center and Adminis- COLLECTIONS.—Notwithstanding section 3302 designated, and inserting ‘‘107, 108, 109, 110, trative Facility. Such a facility would of title 31, United States Code, any fee col- 111, or 114,’’; both generate much needed public lected under this title— (G) by striking ‘‘9(b), 10, 11, 12, 13, 14, or 16’’ awareness of our national wildlife ref- ‘‘(1) shall be credited as offsetting collec- in paragraph (2) of section 116(b), as redesig- uge system and significantly enhance tions to the account that finances the activi- nated, and inserting ‘‘107, 108, 109, 110, 111, or the visiting public’s refuge experience. ties and services for which the fee is im- 114’’; posed; (H) by striking ‘‘section 17(a)’’ in sub- A visitor center at the Bear River Mi- ‘‘(2) shall be available for expenditure only section (b)(3) of section 116, as redesignated, gratory bird Refuge will result in a to pay the costs of activities and services for and inserting ‘‘section 115(a)’’; more meaningful, educational, and ac- which the fee is imposed; and (I) by striking ‘‘section 10’’ in subsection cessible experience for the visiting pub- ‘‘(3) shall remain available until ex- (e)(3) of section 116, as redesignated, and in- lic. pended.’’. serting ‘‘section 108’’; and I believe that this legislation is an (b) CONFORMING AMENDMENTS.— (J) by striking ‘‘of this Act’’ each place it exciting opportunity to showcase the (1) PBSA.—The Professional Boxing Safety appears in sections 101 through 120, as redes- many wildlife and natural treasures Act or 1966, as amended by this Act, is fur- ignated, and inserting ‘‘of this title’’. that Utah’s Bear River Migratory Bird ther amended— (2) COMPENSATION OF ADMINISTRATOR.—Sec- (A) by amending section 1 to read as fol- tion 5315 of title 5, United States Code, is Refuge contains. I look forward to lows: amended by adding at the end the following: working with my colleagues in the ‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ‘‘The Administrator of the United States Senate to pass this legislation this ses- ‘‘(a) SHORT TITLE.—This Act may be cited Boxing Administration.’’. sion. as the ‘Professional Boxing Safety Act’. SEC. 22. EFFECTIVE DATE. ‘‘(b) TABLE OF CONTENTS.—The table of (a) IN GENERAL.—Except as provided in By Mr. BENNETT: contents for this Act is as follows: subsection (b), the amendments made by this S. 278. A bill to make certain adjust- ‘‘Section 1. Short title; table of con- Act shall take effect on the date of enact- ments to the boundaries of the Mount tents. ment of this Act. Naomi Wilderness Area, and for other ‘‘Sec. 2. Definitions. (b) 1-YEAR DELAY FOR CERTAIN TITLE II purposes; to the Committee on Energy ‘‘Title I—Professional Boxing Safety PROVISIONS.—Sections 205 through 212 of the and Natural Resources. ‘‘Sec. 101. Purposes. Professional Boxing Safety Act or 1996, as added by section 21(a) of this Act, shall take Mr. BENNETT. Mr. President, I rise ‘‘Sec. 102. Approval or sanction require- today to introduce the Mount Naomi ment. effect 1 year after the date of enactment of ‘‘Sec. 103. Safety standards. this Act. Wilderness Boundary Adjustment Act. ‘‘Sec. 104. Registration. Included in the Utah Wilderness Act ‘‘Sec. 105. Review. By Mr. BENNETT: of 1984, the Mount Naomi Wilderness is ‘‘Sec. 106. Reporting. S. 277. A bill to authorize the Sec- one of Utah’s largest wilderness areas ‘‘Sec. 107. Contract requirements. retary of the Interior to construct an at over 44,000 acres. It is a very scenic ‘‘Sec. 108. Protection from coercive con- education and administrative center at area and contains some of the best ex- tracts. ‘‘Sec. 109. Sanctioning organizations. the Bear River Migratory Bird Refuge amples of alpine terrain in the inter- ‘‘Sec. 110. Required disclosures to state in Box Elder County, Utah; to the Com- mountain west. There are large popu- boxing commissions by sanc- mittee on Energy and Natural Re- lations of moose, elk, and deer. It is an tioning organizations. sources. area truly worthy of its designation.

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A04FE6.055 S04PT1 February 4, 2003 CONGRESSIONAL RECORD — SENATE S1883 Unfortunately the boundaries were Involving as it does transportation (2) by inserting before the semicolon the drawn in such a way as to have some and related issues, this bill includes an following: ‘‘, and for each of fiscal years 2003 unintended consequences. Running initiative I proposed last session to and 2004, amounts authorized for Indian res- through the wilderness is a utility cor- ervation roads under section 204 of title 23, support commercial vehicle driving United States Code’’. ridor, containing a major electricity training programs at tribal colleges (b) DEMONSTRATION PROJECT.—Section transmission line. This power line and universities. 202(d)(3) of title 23, United States Code, is serves the residents of Logan and the Although reservation roads comprise amended by adding at the end the following: whole south end of Cache Valley. Be- just 2.63 percent of the Federal high- ‘‘(C) FEDERAL LANDS HIGHWAY PROGRAM cause of restrictions in the Wilderness way system, less than 1 percent of Fed- DEMONSTRATION PROJECT.— Act of 1964, maintaining and repairing eral aid has been allocated to Indian ‘‘(i) IN GENERAL.—The Secretary shall es- the power line will be very difficult in tablish a demonstration project under which roads. This bill would allow the al- all funds made available under this title for the future. ready-authorized funds for Indians to Indian reservation roads and for highway Also impacted by Mount Naomi’s reach the intended beneficiaries. bridges located on Indian reservation roads boundaries is one of Utah’s most pop- As with any community, Indian res- as provided for in subparagraph (A) shall be ular hiking and mountain biking trails: ervations need efficient and effective made available, on the request of an affected the Bonneville Shoreline Trail. The road financing and construction to de- Indian tribal government, to the Indian trib- Bonneville Shoreline Trail, when com- velop healthy economies and raise the al government for use in carrying out, in ac- pleted will be over 250 miles in length. standard of living. cordance with the Indian Self-Determination Starting in Nephi and heading north and Education Assistance Act (25 U.S.C. 450 It is no secret that when entre- et seq.), contracts and agreements for the into Idaho, the trail will follow the preneurs, Indian or non-Indian, cal- planning, research, engineering, and con- shoreline of ancient Lake Bonneville. culate whether to invest in a commu- struction described in that subparagraph. The alignment of the trail is planned nity they first look to see if the basic ‘‘(ii) EXCLUSION OF AGENCY PARTICIPA- to go through a small part of the building blocks exist within the com- TION.—In accordance with subparagraph (B), Mount Naomi Wilderness. While hikers munity: roads, highways, electricity, all funds for Indian reservation roads and for and equestrian users would be per- potable water, and other amenities. highway bridges located on Indian reserva- mitted to use this section of the trail, Unfortunately, despite recent suc- tion roads to which clause (i) applies shall be mountain bikers would be prohibited. paid without regard to the organizational cesses some Indian tribes have had level at which the Federal lands highway The city of Logan has tried to work to with gaming, energy and natural re- program has previously carried out the pro- change the alignment to adjacent pri- source development, most Indian tribes grams, functions, services, or activities in- vate property to no avail. still suffer from poor infrastructure volved. The legislation I am introducing that thwarts investment and economic ‘‘(iii) SELECTION OF PARTICIPATING TRIBES.— today would redraw the boundaries of growth. ‘‘(I) PARTICIPANTS.— the Mount Naomi Wilderness. The acre- Building on the successes of the In- ‘‘(aa) IN GENERAL.—For each fiscal year, age of this wilderness area would not the Secretary shall select 12 geographically dian Self Determination and Education diverse Indian tribes from the applicant pool change, thirty-one current acres would Assistance Act, this bill authorizes the be excluded and thirty-one new acres described in subclause (II) to participate in Federal Lands Highway Administra- the demonstration project carried out under would be added. The newly added lands tion to create a 12-tribe pilot program clause (i). will be managed pursuant to the Utah to contract directly for roads funding. ‘‘(bb) CONSORTIA.—Two or more Indian Wilderness Act of 1984. The boundaries I ask unanimous consent that the tribes that are otherwise eligible to partici- will now better reflect the topography text of the bill be printed in the pate in a program or activity to which this of Mount Naomi and the inconsistent title applies may form a consortium to be RECORD. uses will be removed from the wilder- considered as a single tribe for the purpose of There being no objection, the bill was becoming part of the applicant pool under ness. ordered to be printed in the RECORD, as This legislation was originally of- subclause (II). follows: ‘‘(cc) FUNDING.—An Indian tribe partici- fered in the 107th Congress by former pating in the pilot program under this sub- Representative Jim Hansen. It passed S. 281 Be it enacted by the Senate and House of Rep- paragraph shall receive funding in an the House of Representatives but was amount equal to the sum of the funding that never acted upon by the Senate. The resentatives of the United States of America in Congress assembled, the Indian tribe would otherwise receive in city of Logan, Cache County, and the accordance with the funding formula estab- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. United States Forest Service all are lished under the other provisions of this sub- (a) SHORT TITLE.—This Act may be cited as section, and an additional percentage of that supportive of this legislation. the ‘‘Indian Tribal Surface Transportation amount equal to the percentage of funds I look forward to working with my Improvement Act of 2003’’. withheld during the applicable fiscal year for colleagues in the Senate to pass this (b) TABLE OF CONTENTS.—The table of con- the road program management costs of the legislation this session. tents of this Act is as follows: Bureau of Indian Affairs under subsection Sec. 1. Short title; table of contents. By Mr. CAMPBELL: (f)(1). S. 281. A bill to amend the Transpor- TITLE I—INDIAN TRIBAL SURFACE ‘‘(II) APPLICANT POOL.—The applicant pool TRANSPORTATION described in this subclause shall consist of tation Equity Act for the 21st Century Sec. 101. Short title. each Indian tribe (or consortium) that— to make certain amendments with re- Sec. 102. Amendments relating to Indian ‘‘(aa) has successfully completed the plan- spect to Indian tribes, to provide for tribes. ning phase described in subclause (III); training and technical assistance to TITLE II—TRAINING AND TECHNICAL ‘‘(bb) has requested participation in the Native Americans who are interested ASSISTANCE FOR NATIVE AMERICANS demonstration project under this subpara- graph through the adoption of a resolution in commercial vehicle driving careers, Sec. 201. Short title. or other official action by the tribal gov- and for other purposes; to the Com- Sec. 202. Purposes. erning body; and mittee on Indian Affairs. Sec. 203. Definitions. Mr. CAMPBELL. Mr. President, Sec. 204. Commercial vehicle driving train- ‘‘(cc) has demonstrated financial stability ing program. and financial management capability in ac- today I am pleased to be joined by Sen- cordance with subclause (III) during the 3- ator INOUYE in reintroducing the ‘‘In- TITLE I—INDIAN TRIBAL SURFACE fiscal year period immediately preceding the dian Tribal Surface Transportation Im- TRANSPORTATION fiscal year for which participation under this provement Act of 2003’’, a bill to reform SEC. 101. SHORT TITLE. subparagraph is being requested. and improve Indian Reservation Road, This title may be cited as the ‘‘Indian ‘‘(III) CRITERIA FOR DETERMINING FINANCIAL IRR, program. Tribal Surface Transportation Act of 2003’’. STABILITY AND FINANCIAL MANAGEMENT CAPAC- In the past two Congresses the Com- SEC. 102. AMENDMENTS RELATING TO INDIAN ITY.—For the purpose of subclause (II), evi- mittee on Indian Affairs has held hear- TRIBES. dence that, during the 3-year period referred ings on the problems with the IRR pro- (a) OBLIGATION LIMITATION.—Section to in subclause (II)(cc), an Indian tribe had 1102(c)(1) of the Transportation Equity Act no uncorrected significant and material gram and this bill provides much-need- for the 21st Century (23 U.S.C. 104 note; 112 audit exceptions in the required annual audit ed clarifications to better meet the Stat. 116) is amended— of the Indian tribe’s self-determination con- transportation needs in Native commu- (1) by striking ‘‘Code, and’’ and inserting tracts or self-governance funding agreements nities. ‘‘Code,’’; and with any Federal agency shall be conclusive

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A04FE6.054 S04PT1 S1884 CONGRESSIONAL RECORD — SENATE February 4, 2003 evidence of the required stability and capa- ‘‘(A) IN GENERAL.—The Secretary, in con- S. 282. A bill to amend the Education bility. sultation with Indian tribal governments, Sciences Act of 2002 to require the Sta- ‘‘(IV) PLANNING PHASE.— may develop funding procedures and eligi- tistics Commissioner to collect infor- ‘‘(aa) IN GENERAL.—An Indian tribe (or con- bility criteria applicable to Indian tribes mation from coeducational secondary sortium) requesting participation in the with respect to allocations or grants de- demonstration project under this subpara- scribed in paragraphs (1) and (2). schools on such schools’ athletic pro- graph shall complete a planning phase that ‘‘(B) PUBLICATION.—The Secretary shall en- grams; to the Committee on Health, shall include legal and budgetary research sure that procedures or criteria developed Education, Labor, and Pensions. and internal tribal government and organiza- under subparagraph (A) are published annu- Ms. SNOWE. Mr. President, I rise tion preparation. ally in the Federal Register.’’. today to introduce the ‘‘High School ‘‘(bb) ELIGIBILITY.—A tribe (or consortium) TITLE II—TRAINING AND TECHNICAL Sports Information Collection Act of described in item (aa) shall be eligible to re- ASSISTANCE FOR NATIVE AMERICANS 2003’’. This legislation directs the Com- ceive a grant under this subclause to plan SEC. 201. SHORT TITLE. missioner of the National Center for and negotiate participation in a project de- This title may be cited as the ‘‘Native Education Statistics to collect data scribed in that item.’’. American Commercial Driving Training and from our Nation’s high schools regard- (c) ADMINISTRATION.—Section 202 of title Technical Assistance Act’’. 23, United States Code, is amended by adding ing the participation of America’s ado- SEC. 202. PURPOSES. lescents in athletics. Passage of this at the end the following: The purposes of this title are— ‘‘(f) ADMINISTRATION OF INDIAN RESERVA- (1) to foster and promote job creation and legislation would allow the Depart- TION ROADS.— economic opportunities for Native Ameri- ment of Education’s Office on Civil ‘‘(1) CONTRACT AUTHORITY.— cans; and Rights to better assess whether high ‘‘(A) IN GENERAL.—Notwithstanding any (2) to provide education, technical, and schools are meeting the requirements other provision of law, for any fiscal year, training assistance to Native Americans who under Title IX passed as part of the not more than 6 percent of the contract au- are interested in commercial vehicle driving Education Amendments Act of 1972. thority amounts made available from the careers. The existence of an information gap Highway Trust Fund to the Bureau of Indian SEC. 203. DEFINITIONS. regarding high school athletic partici- Affairs under this title shall be used to pay In this title: the administrative expenses of the Bureau pation was highlighted by a 2001 by the (1) COMMERCIAL VEHICLE DRIVING.—The General Accounting Office which was for the Indian reservation roads program (in- term ‘‘commercial vehicle driving’’ means cluding the administrative expenses relating the driving of— unable to respond to a Congressional to individual projects that are associated (A) a vehicle that is a tractor-trailer request about participation in ath- with the program). truck; or letics, including schools’ decisions to ‘‘(B) AVAILABILITY.—Amounts made avail- (B) any other vehicle (such as a bus or a add or discontinue sports team in high able to pay administrative expenses under vehicle used for the purpose of construction) schools, colleges and universities. How- subparagraph (A) shall be made available to the driving of which requires a commercial ever, ‘‘because of limited readily avail- an Indian tribal government, on the request license. of the government, to be used for the associ- able information and the difficulty of (2) INDIAN TRIBE.—The term ‘‘Indian tribe’’ collecting comparable information’’ ated administrative functions assumed by has the meaning given the term in section 4 the Indian tribe under contracts and agree- of the Indian Self-Determination and Edu- the GAO instead could only answer the ments entered into under the Indian Self-De- cation Assistance Act (25 U.S.C. 450b). inquiry about changes in four-year termination and Education Assistance Act (3) NATIVE AMERICAN.—The term ‘‘Native intercollegiate sports. (25 U.S.C. 450 et seq.). American’’ means an individual who is a The legislation is simple. It directs ‘‘(2) HEALTH AND SAFETY ASSURANCES.— member of— the Commissioner to collect informa- Notwithstanding any other provision of law, (A) an Indian tribe; or tion regarding participation in ath- an Indian tribe or tribal organization may (B) any people or culture that is indige- commence road and bridge construction letics broken down by gender, teams, nous to the United States, as determined by race and ethnicity; overall budgets and under the Transportation Equity Act for the the Secretary. expenditures, including items like 21st Century (Public Law 105–178) that is (4) SECRETARY.—The term ‘‘Secretary’’ funded through a contract or agreement means the Secretary of Labor. travel expenses, equipment and uni- under the Indian Self-Determination and SEC. 204. COMMERCIAL VEHICLE DRIVING TRAIN- forms and their replacement schedules; Education Assistance Act (25 U.S.C. 450 et ING PROGRAM. the numbers of coaches, full and part- seq.) if the Indian tribe or tribal organiza- (a) GRANTS.—The Secretary may provide time; and scheduling issues like par- tion has— grants, on a competitive basis, to entities de- ticipation in post-season opportunities ‘‘(A) provided assurances in the contract or scribed in subsection (b) to support programs agreement that the construction will meet and successes by team. These data are providing training and certificates leading to already reported, in most cases, to the or exceed proper health and safety standards; the licensing of Native Americans with re- ‘‘(B) obtained the advance review of the spect to commercial vehicle driving. state Departments of Education and plans and specifications from a licensed pro- (b) ELIGIBILITY.—To be eligible to receive a would therefore not pose any addi- fessional who has certified that the plans grant under subsection (a), an entity shall— tional burden on the high schools. and specifications meet or exceed the proper (1) be a tribal college or university (as de- The simple straightforwardness of health and safety standards; and fined in section 316(b)(3) of the Higher Edu- this legislation goes a long way toward ‘‘(C) provided a copy of the certification cation Act (20 U.S.C. 1059(b)(3)); and ensuring that our high schools are under subparagraph (B) to the Director of (2) prepare and submit to the Secretary an the Bureau of Indian Affairs. complying with civil rights law as es- application at such time, in such manner, tablished under Title IX without cre- ‘‘(g) SAFETY INCENTIVE GRANTS.— and containing such information as the Sec- ‘‘(1) SEAT BELT SAFETY INCENTIVE GRANT retary may require. ating a new paperwork requirement on ELIGIBILITY.—Notwithstanding any other (c) PRIORITY.—In providing grants under our schools. After all when considering provision of law, an Indian tribe that is eligi- subsection (a), the Secretary shall give pri- whether high schools are in compliance ble to participate in the Indian reservation ority to grant applications that— with this critical civil rights law, it is roads program under subsection (d) shall be (1) propose training that exceeds proposed necessary to know what is actually deemed to be a State for the purpose of being minimum standards for training tractor- happening in the schools. eligible for safety incentive allocations trailer drivers of the Department of Trans- There can be no doubt Title IX has under section 157 to assist Indian commu- portation; played a role in increasing women’s nities in developing innovative programs to (2) propose training that exceeds the entry athletic opportunities. However, many promote increased seat belt use rates. level truck driver certification standards set ‘‘(2) INTOXICATED DRIVER SAFETY INCENTIVE by the Professional Truck Driver Institute; argue that the implementation of this GRANT ELIGIBILITY.—Notwithstanding any and law has reduced opportunity for others. other provision of law, an Indian tribe that (3) propose an education partnership with a While I strongly disagree with such an is eligible to participate in the Indian res- private trucking firm, trucking association, assessment, I do believe that it is crit- ervation roads program under subsection (d) or similar entity in order to ensure the effec- ical that policy makers, parents, shall be deemed to be a State for the purpose tiveness of the grant program under this sec- coaches, and athletic directors alike of being eligible for safety incentive grants tion. have access to precise and timely data under section 163 to assist Indian commu- (d) AUTHORIZATION OF APPROPRIATIONS.— nities in the prevention of the operation of There are authorized to be appropriated such to inform the debate and ensure that motor vehicles by intoxicated persons. sums as are necessary to carry out this title. decisions are based on an accurate pic- ‘‘(3) FUNDING PROCEDURES AND ELIGIBILITY ture of interest and participation. Pre- CRITERIA.— By Ms. SNOWE: cise information on the participation

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A04FE6.061 S04PT1 February 4, 2003 CONGRESSIONAL RECORD — SENATE S1885 levels in high school would assist the charitable giving, including a proposal away on extended active duty, to qual- enforcement of Title IX on the high to allow individuals to make certain ify for the same tax relief on the profit school level. tax-free charitable IRA distributions generated when they sell their main Participation in athletics renders after age 65. residence as other Americans. I am physical benefits as well as important The President’s charitable IRA pro- pleased to announce that Secretary of psychological benefits. Studies have posal has a lot of merit, but the Public State Colin Powell fully supports this shown that values learned from sports Good IRA Rollover Act is superior in legislation and this legislation enjoys participation, such as teamwork, lead- an important respect: by allowing tax- overwhelming support by the senior ership, discipline, and pride in accom- free life-income gifts from an IRA. uniformed leadership, the Joint Chiefs plishment, are important lessons for Life-income gifts involve the donation of Staff, as well as the Office of Man- everyone and are especially beneficial of assets to a charity, where the giver agement and Budget Director Mitch as more women participate in business retains an income stream from those Daniels, the 31-member associations of management and ownership positions assets for a defined period. Life-income the Military Coalition, the American in ever higher numbers. Certainly it is gifts are an important tool for char- Foreign Service Association, and the no coincidence that 80 percent of fe- ities to raise much needed funds, and American Bar Association. male managers of Fortune 500 compa- would receive a substantial boost if The average American participates in nies have a background in athletics. they could be made from IRAs, but our Nation’s growth through home There are palpable gains generated by they are wholly ignored in the Admin- ownership. Appreciation in the value of participation in athletics, gains which istration’s proposal. Under our pro- a home allows everyday Americans to should be as accessible for females as posed Public Good IRA Rollover Act, participate in our country’s prosperity. they have been for males for decades. individuals would be allowed to make Fortunately, the Taxpayer Relief Act This legislation compliments current tax-free charitable life-income gifts at of 1997 recognized this and provided law and in fact would allow us to en- the age of 591⁄2. Similar provisions were this break to lessen the amount of tax sure that the law is being enforced bet- added to a major charitable tax incen- most Americans will pay on the profit ter than we can today. The data re- tive bill reported by the Senate Fi- they make when they sell their homes. garding the participation of high nance Committee last year, but were Unfortunately, the 1997 home sale pro- school students in athletics has been not ultimately enacted. vision unintentionally discourages lacking for too long and passage of this As the Finance Committee begins home ownership among members of the legislation would help athletic pro- anew to consider a charitable giving Uniformed and Foreign Services. grams ensure that they are offering tax incentive package in the near fu- This bill will not create a new tax equal opportunity for all athletes. ture, I urge them to adopt once again benefit; it merely modifies current law the IRA charitable rollover approach to include the time members of the By Mr. DORGAN (for himself, Mr. used in the Public Good IRA Rollover Uniformed Services are away from KERRY, and Ms. SNOWE): Act, instead of the approach recently home on active duty when calculating S. 283. A bill to amend the Internal outlined in the President’s budget. the number of years the homeowners Revenue Code of 1986 to allow tax-free The benefits of our approach are two- has lived in their primary residence. In distributions from individual retire- fold. First, the life-income gift provi- short, this bill is narrowly tailored to ment accounts for charitable purposes; sion in our legislation would stimulate remedy a specific dilemma. to the Committee on Finance. additional charitable giving. In addi- The Taxpayer Relief Act of 1997 deliv- Mr. DORGAN. Mr. President, today tion, people who make life-income gifts ered sweeping tax relief to millions of I’m joined by Senators KERRY and often become more involved with char- Americans through a wide variety of SNOWE in re-introducing the Public ities. They serve as volunteers, urge important tax changes that affect indi- Good IRA Rollover Act, legislation to their friends and colleagues to make viduals, families, investors and busi- allow taxpayers to make tax-free dis- charitable gifts and frequently set up nesses. It was also one of the most tributions from their individual retire- additional provisions for charity in complex tax laws enacted in recent his- ment accounts, IRAs, for gifts to char- their life-time giving plans and at tory. ity. death. Second, this approach comes at As with any complex legislation, It is more important than ever to no extra cost to the government when there are winners and losers. But in provide support to our nation’s chari- compared to other major charitable this instance, there are unintended los- table organizations. Our struggling IRA rollover proposals. ers: members of the Uniformed and economy is placing an enormous finan- So I urge my colleagues to consider Foreign Services. cial strain on many charities, severely the Public Good IRA Rollover Act, as The 1997 act gives taxpayers who sell curtailing their funding at a time when we undertake efforts in the Senate to their principal residence a much-need- the need for their services is greatest. craft a charitable giving tax incentives ed tax break. Prior to the 1997 act, tax- I have heard from charities that peo- bill. As I mentioned at the outset, in payers received a one-time exclusion ple frequently ask them about using these trying times we ought to do ev- on the profit they made when they sold their IRAs to make charitable dona- erything we can to encourage chari- their principal residence, but the tax- tions. However, many donors decide table giving. Let us remember the old payer had to be at least 55 years old not to make a gift from their IRAs adage that ‘‘we make a living by what and live in the residence for 2 of the 5 after they are told about the potential we get, but we make a life by what we years preceding the sale. This provision tax consequences under current law. give.’’ primarily benefitted elderly taxpayers, Our IRA charitable rollover legislation while not providing any relief to would eliminate this concern. This sin- By Mr. MCCAIN: younger taxpayers and their families. gle change to the Tax Code could put S. 284. A bill to amend the Internal Fortunately, the 1997 act addressed billions of additional dollars from a Revenue Code of 1986 to provide a spe- this issue. Under this law, taxpayers new source to work for the public good. cial rule for members of the uniformed who sell their principal residence on or A Salvation Army official once said services and the Foreign Service in de- after May 7, 1997, are not taxed on the that providing for IRA charitable roll- termining the exclusion of gain from first $250,000 of profit from the sale, overs ‘‘would be the single most impor- the sale of a principal residence; to the joint filers are not taxed on the first tant piece of legislation in the history Committee on Finance. $500,000 of profit they make from sell- of public charitable support in this Mr. MCCAIN. Mr. President, I am ing their principal residence. The tax- country.’’ proud to sponsor the Military Home payers must meet two requirements to Over the years, a number of legisla- Owners Equity Act of 2003, S. 284. This qualify for this tax relief. The taxpayer tive proposals have been discussed in is important legislation which I have must one, own the home for at least 2 Congress to increase charitable giving. been privileged to introduce in the of the 5 years preceding the sale, and In his Fiscal Year 2004 budget, Presi- Senate during previous Congresses. two, live in the home as their main dent Bush has proposed a substantial This legislation would allow members home for at least 2 years of the last 5 package of tax incentives to encourage of the Uniformed Services, who are years.

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A04FE6.057 S04PT1 S1886 CONGRESSIONAL RECORD — SENATE February 4, 2003 I applaud the bipartisan cooperation and consistency to our increasingly of any law or rule of law (including res judi- that resulted in this much-needed form complex Tax Code. cata), such refund or credit may nevertheless of tax relief. The home sales provision I ask unanimous consent that the be made or allowed if claim therefor is filed sounds great, and it is. Unfortu- text of the bill be printed in the before the close of such period. nately,the second part of this eligi- RECORD. By Mr. CAMPBELL: bility test unintentionally and unfairly There being no objection, the bill was S. 285. A bill to authorize the integra- prohibits many of the women and men ordered to be printed in the RECORD, as tion and consolidation of alcohol and who serve this country overseas from follows: substance abuse programs and services qualifying for this beneficial tax relief. S. 284 provided by Indian tribal governments, Constant travel across the United Be it enacted by the Senate and House of Rep- and for other purposes; to the Com- States and abroad is inherent in the resentatives of the United States of America in mittee on Indian Affairs. Uniformed and Foreign Services. None- Congress assembled, Mr. CAMPBELL. Mr. President, theless, some members of these Serv- SECTION 1. EXCLUSION OF GAIN FROM SALE OF today I am pleased to be joined by Sen- ices choose to purchase a home in a A PRINCIPAL RESIDENCE BY A MEM- ator INOUYE in re-introducing legisla- certain locale, even though they will BER OF THE UNIFORMED SERVICES OR THE FOREIGN SERVICE. tion to assist Indian tribes to fight the not live there much of the time. Under (a) IN GENERAL.—Subsection (d) of section scourge of alcohol, drug and associated the new law, if they do not have a 121 of the Internal Revenue Code of 1986 (re- mental health problems in their com- spouse who resides in the house during lating to exclusion of gain from sale of prin- munities. their absence, they will not qualify for cipal residence) is amended by redesignating Native Americans continue to be the full benefit of the new home sales paragraph (9) as paragraph (10) and by insert- plagued by chronic alcohol and drug provision, because no one ‘‘lives’’ in ing after paragraph (8) the following new addictions which destroy their bodies the home for the required period of paragraph: and souls and inevitably require men- time. The law is prejudiced against ‘‘(9) MEMBERS OF UNIFORMED SERVICES AND tal health treatment as well. FOREIGN SERVICE.— There are a good number of Federal families that serve our Nation abroad. ‘‘(A) IN GENERAL.—At the election of an in- They would not qualify for the home dividual with respect to a property, the run- agencies involved in treating these sales exclusion because neither spouse ning of the 5-year period described in sub- problems and, through no fault of their ‘‘live’’ in the house for enough time to sections (a) and (c)(1)(B) and paragraph (7) of own, agency efforts are often un-co- qualify for the exclusion. this subsection with respect to such property ordinated and ineffective as a result. This bill simply remedies an inequal- shall be suspended during any period that Relying on models that are proven ity in the 1997 law. The bill amends the such individual or such individual’s spouse is winners, the ‘‘Native American Alcohol Internal Revenue Code so that mem- serving on qualified official extended duty as and Substance Abuse Program Consoli- bers of the Uniformed and Foreign a member of the uniformed services or of the dation Act of 2003’’ authorizes Indian Foreign Service of the United States. Services will be considered to be using tribes and tribal consortia to string to- ‘‘(B) MAXIMUM PERIOD OF SUSPENSION.—The gether these disparate programs and their house as their main residence for 5-year period described in subsection (a) any period that they are assigned over- shall not be extended more than 10 years by services and bring them together in seas in the execution of their duties. In reason of subparagraph (A). one comprehensive and coordinated short, they will be deemed to be using ‘‘(C) QUALIFIED OFFICIAL EXTENDED DUTY.— package. their house as their main home, even if For purposes of this paragraph— In addition to achieving economies of they are stationed in Bosnia, the Per- ‘‘(i) IN GENERAL.—The term ‘qualified offi- scale in these Federal services, the bill sian Gulf, in the ‘‘no man’s land,’’ com- cial extended duty’ means any extended duty would also encourage the use of auto- while serving at a duty station which is at monly called the DMZ between North mated clinical information systems least 50 miles from such property or while re- and bring to bear state-of-the-art diag- and South Korea, or anywhere else siding under Government orders in Govern- they are assigned. nostic and treatment tools ment quarters. The two main themes of this bill, In the wake of September 11, our ‘‘(ii) UNIFORMED SERVICES.—The term ‘uni- better use of resources combined with Armed Forces are now deployed to an formed services’ has the meaning given such technological innovations have proven unprecedented number of locations. term by section 101(a)(5) of title 10, United successful in other areas like Indian They are away from their primary States Code, as in effect on the date of the job training. homes, protecting and furthering the enactment of this paragraph. ‘‘(iii) FOREIGN SERVICE OF THE UNITED Just this week, Health and Human freedoms we Americans hold so dear. STATES.—The term ‘member of the Foreign Services Secretary Thompson launched We cannot afford to discourage mili- Service of the United States’ has the mean- a new effort aimed at combating chron- tary service by penalizing military per- ing given the term ‘member of the Service’ ic health problems in minority commu- sonnel with higher taxes merely be- by paragraph (1), (2), (3), (4), or (5) of section nities. cause they are doing their job. Military 103 of the Foreign Service Act of 1980, as in Substance abuse and diabetes are in- service entails sacrifice, such as long effect on the date of the enactment of this paragraph. cluded in Secretary Thompson’s effort periods of time away from friends and and this bill would go a long way in as- family and the constant threat of mo- ‘‘(iv) EXTENDED DUTY.—The term ‘extended duty’ means any period of active duty pursu- sisting Federal and tribal governments bilization into hostile territory. We ant to a call or order to such duty for a pe- in that battle. must not use the tax code to heap addi- riod in excess of 90 days or for an indefinite The mechanics of this bill are also tional burdens upon our women and period. consistent with the broad contours of men in uniform. ‘‘(D) SPECIAL RULES RELATING TO ELEC- the President’s Management Agenda, In my view, the way to decrease the TION.— increasing the effectiveness of Federal likelihood of further inequalities in the ‘‘(i) ELECTION LIMITED TO 1 PROPERTY AT A services without increasing the budget. tax code, intentional or otherwise, is to TIME.—An election under subparagraph (A) For these reasons, I am hopeful the with respect to any property may not be adopt a fairer, flatter tax system that bill will be well received by the Admin- is far less complicated than our current made if such an election is in effect with re- spect to any other property. istration and the tribes so that it can system. But, in the meantime, we must ‘‘(ii) REVOCATION OF ELECTION.—An election be considered speedily in the weeks insure the Tax Code is as fair and equi- under subparagraph (A) may be revoked at ahead. table as possible. any time.’’. I urge my colleagues to join me in The Taxpayers’ Relief Act of 1997 was (b) EFFECTIVE DATE; SPECIAL RULE.— supporting this important initiative designed to provide sweeping tax relief (1) EFFECTIVE DATE.—The amendments and ask unanimous consent to have the made by this section shall take effect as if to all Americans, including those who text of the bill printed in the RECORD. serve this country abroad. Yes, it is included in the amendments made by section There being no objection, the bill was 312 of the Taxpayer Relief Act of 1997. true that there are winners and losers ordered to be printed in the RECORD, as in any tax code, but, this inequity was (2) WAIVER OF LIMITATIONS.—If refund or credit of any overpayment of tax resulting follows: unintended. Enacting this narrowly from the amendments made by this section S. 285 tailored remedy to grant equal tax re- is prevented at any time before the close of Be it enacted by the Senate and House of Rep- lief to the members of our Uniformed the 1-year period beginning on the date of resentatives of the United States of America in and Foreign Services restores fairness the enactment of this Act by the operation Congress assembled,

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A04FE6.063 S04PT1 February 4, 2003 CONGRESSIONAL RECORD — SENATE S1887 SECTION 1. SHORT TITLE. (A) the illegal use or abuse of a drug or an (8) be approved by the governing body of This Act may be cited as the ‘‘Native inhalant; and the Indian tribe. American Alcohol and Substance Abuse Pro- (B) the abuse of tobacco or a related prod- SEC. 7. PLAN REVIEW. gram Consolidation Act of 2003’’. uct. (a) CONSULTATION.—On receipt of a plan SEC. 2. PURPOSES. SEC. 4. PLANS. from an Indian tribe under section 4, the The purposes of this Act are— The Secretary, in cooperation with the Secretary shall consult with— (1) to enable Indian tribes to consolidate Secretary of Labor, the Secretary of the In- (1) the head of each Federal agency pro- and integrate alcohol and other substance terior, the Secretary of Education, the Sec- viding funds to be used to implement the abuse prevention, diagnosis, and treatment retary of Housing and Urban Development, plan; and programs, and mental health and related the Attorney General, and the Secretary of (2) the Indian tribe. programs, to provide unified and more effec- Transportation, as appropriate, shall, on re- (b) IDENTIFICATION OF WAIVERS.—Each tive and efficient services to Indians af- ceipt of a plan acceptable to the Secretary party consulting on the implementation of a flicted with mental health, alcohol, or other that is submitted by an Indian tribe, author- plan under section 4 shall identify any waiv- substance abuse problems; ize the Indian tribe to carry out a dem- ers of statutory requirements or of Federal (2) to recognize that Indian tribes can best onstration project to coordinate, in accord- agency regulations, policies, or procedures determine the goals and methods for estab- ance with the plan, the Indian behavioral that the party determines to be necessary to lishing and implementing prevention, diag- health care programs of the Indian tribe in a enable the Indian tribe to implement the nosis, and treatment programs for their com- manner that integrates the program services plan. (c) WAIVERS.—Notwithstanding any other munities, consistent with the policy of self- into a single, coordinated, comprehensive provision of law, the head of a Federal agen- determination; program that uses, to the extent necessary, cy may waive any statutory requirement, (3) to encourage and facilitate the imple- an automated clinical information system to regulation, policy, or procedure promulgated mentation of an automated clinical informa- better manage administrative and clinical by the Federal agency is identified by the In- tion system to complement the Indian services, costs, and reporting requirements health care delivery system; dian tribe or the Federal agency under sub- through the consolidation and integration of section (b) unless the head of the affected (4) to authorize the use of Federal funds to administrative and clinical functions. purchase, lease, license, or provide training Federal agency determines that a waiver is SEC. 5. PROGRAMS AFFECTED. for technology for an automated clinical in- inconsistent with— Programs that may be integrated in a dem- formation system that incorporates clinical, (1) this Act; onstration project described in section 4) financial, and reporting capabilities for In- (2) any statutory requirement applicable to are— dian behavioral health care programs; the program to be integrated under the plan (1) an Indian behavioral health care pro- (5) to encourage quality assurance policies that is specifically applicable to Indian pro- and procedures, and empower Indian tribes gram under which an Indian tribe is eligible grams; and through training and use of technology, to for the receipt of funds under a statutory or (3) any underlying statutory objective or significantly enhance the delivery of, and administrative formula; purpose of a program to be consolidated treatment results from, Indian behavioral (2) an Indian behavioral health care pro- under the plan, to such a degree as would health care programs; gram under which an Indian tribe is eligible render ineffectual activities funded under (6) to assist Indian tribes in maximizing for receipt of funds through competitive or the program. use of public, tribal, human, and financial re- other grants, if— SEC. 8. PLAN APPROVAL. (A)(i) the Indian tribe provides notice to sources in developing effective, understand- (a) IN GENERAL.—Not later than 90 days able, and meaningful practices under Indian the appropriate agency regarding the inten- after the date of receipt by the Secretary of behavioral health care programs; and tions of the Indian tribe to include the In- a plan under section 4, the Secretary shall (7) to encourage and facilitate timely and dian behavioral health care program in the inform the Indian tribe that submitted the effective analysis and evaluation of Indian plan that the Indian tribe submits to the plan, in writing, of the approval or dis- behavioral health care programs. Secretary; and approval of the plan (including any request SEC. 3. DEFINITIONS. (ii) the agency consents to the inclusion of for a waiver that is made as part of the In this Act: the grant in the plan; or plan). (1) AUTOMATED CLINICAL INFORMATION SYS- (B)(i) the Indian tribe elects to include the (b) DISAPPROVAL.— TEM.—The term ‘‘automated clinical infor- Indian behavioral health care program in the (1) IN GENERAL.—The Secretary may dis- mation system’’ means an automated com- plan; and approve a plan if— puter software system that can be used to (ii) the administrative requirements con- (A) the plan does not provide sufficient in- manage clinical, financial, and reporting in- tained in the plan are essentially the same formation for the Secretary to adequately formation for Indian behavioral health care as the administrative requirements applica- review the plan for compliance with this Act; programs. ble to a grant under the Indian behavioral (B) the plan does not comply with this Act; (2) FEDERAL AGENCY.—The term ‘‘Federal health care program; and (C) the plan provides for the purchase, agency’’ has the meaning given the term (3) an Indian behavioral health care pro- lease, license, or training for, an automated ‘‘agency’’ in section 551 of title 5, United gram under which an Indian tribe is eligible clinical information system, but the pur- States Code. to receive funds under any other funding chase, lease, license, or training would re- (3) INDIAN.—The term ‘‘Indian’’ has the scheme. quire aggregate expenditures of program meaning given the term in section 4 of the SEC. 6. PLAN REQUIREMENTS. funding at such a level as would render other Indian Self-Determination and Education A plan of an Indian tribe submitted under program substantially ineffectual; or Assistance Act (25 U.S.C. 450b). section 4 shall— (D)(i) the plan identifies waivers that can- (4) INDIAN BEHAVIORAL HEALTH CARE PRO- (1) identify the programs to be integrated; not be waived under section 7(c); and GRAM.—The term ‘‘Indian behavioral health (2) be consistent with this Act; (ii) the plan would be rendered substan- care program’’ means a federally funded pro- (3) describe a comprehensive strategy tially ineffectual without the waivers. gram, for the benefit of Indians, to prevent, that— (2) NOTICE.—If a plan is disapproved under diagnose, or treat, or enhance the ability to (A) identifies the full range of existing and subsection (a), the Secretary shall— prevent, diagnose, or treat— potential alcohol and substance abuse and (A) inform the Indian tribe, in writing, of (A) mental health problems; or mental health treatment and prevention pro- the reasons for the disapproval; and (B) alcohol or other substance abuse prob- grams available on and near the service area (B) provide the Indian tribe an oppor- lems. of the Indian tribe; and tunity— (5) INDIAN TRIBE.— (B) may include site and technology assess- (i) to amend and resubmit the plan; or (A) IN GENERAL.—The term ‘‘Indian tribe’’ ments and any necessary computer hardware (ii) to petition the Secretary to reconsider has the meaning given the term in section 4 installation and support; the disapproval (including reconsidering the of the Indian Self Determination and Edu- (4) describe the manner in which services disapproval of any waiver requested by the cation Assistance Act (25 U.S.C. 450b). are to be integrated and delivered and the re- Indian tribe). (B) INCLUSIONS.—The term ‘‘Indian tribe’’, sults expected under the plan (including, if SEC. 9. USE OF FUNDS FOR TECHNOLOGY. in a case in which an intertribal consortium, implemented, the manner and expected re- Notwithstanding any requirement applica- tribal organization, or Indian health center sults of implementation of an automated ble to an Indian behavioral health care pro- is authorized to carry out 1 or more pro- clinical information system); gram of an Indian tribe that is integrated grams, services, functions, or activities of an (5) identify the projected expenditures under a demonstration project described in Indian tribe under this Act, includes the under the plan in a single budget; section 4, the Indian tribe may use funds intertribal consortium, tribal organization, (6) identify the agency or agencies in the made available under the program to pur- or Indian health center. Indian tribe to be involved in the delivery of chase, lease, license, or provide training for (6) SECRETARY.—The term ‘‘Secretary’’ the services integrated under the plan; technology for an automated clinical infor- means the Secretary of Health and Human (7) identify any statutory provisions, regu- mation system if the purchase, lease, licens- Services. lations, policies, or procedures that the In- ing of, or provision of training is conducted (7) SUBSTANCE ABUSE.—The term ‘‘sub- dian tribe requests be waived in order to im- in accordance with a plan approved by the stance abuse’’ includes— plement the plan; and Secretary under section 8.

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A04FE6.060 S04PT1 S1888 CONGRESSIONAL RECORD — SENATE February 4, 2003 SEC. 10. FEDERAL RESPONSIBILITIES. priate, may take such action as is necessary the Committee on Health, Education, (a) RESPONSIBILITIES OF THE INDIAN HEALTH to provide for the interagency transfer of Labor, and Pensions. SERVICE.— funds otherwise available to an Indian tribe Mr. BOND. Mr. President, I rise (1) MEMORANDUM OF UNDERSTANDING.—Not in order to carry out this Act. today to introduce the Birth Defects later than 180 days after the date of enact- SEC. 13. ADMINISTRATION OF FUNDS; EXCESS ment of this Act, the Secretary, the Sec- FUNDS. and Developmental Disabilities Pre- retary of the Interior, the Secretary of (a) ADMINISTRATION OF FUNDS.— vention Act. It is a pleasure to work, Labor, the Secretary of Education, the Sec- (1) IN GENERAL.—Program funds shall be once again, on this important issue retary of Housing and Urban Development, administered under this Act in such a man- with Senators DODD, FRIST and KEN- the Attorney General, and the Secretary of ner as to allow for a determination by the NEDY. Transportation shall enter into a memo- Secretary that funds made available for spe- My interest in birth defects preven- randum of agreement providing for the im- cific programs (or an amount equal to the tion began while I was Governor. As plementation of the plans approved under amount used from each program) are ex- Governor I had secured dollars to fund pended on activities authorized under the section 8. the neonate care units at our hospitals (2) LEAD AGENCY.—The lead agency under program. this Act shall be the Indian Health Service. (2) SEPARATE RECORDS NOT REQUIRED.— in Missouri. These remarkable institu- (3) RESPONSIBILITIES.—The responsibilities Nothing in this section requires an Indian tions and the dedicated men and of the lead agency under this Act shall in- tribe— women who serve there do a tremen- clude— (A) to maintain separate records tracing dous job of saving low birth weight ba- (A) the development of a single reporting any service provided or activity conducted bies and babies with severe birth de- format— under the approved plan of the Indian tribe fects. (i) relating to each plan for a demonstra- to the individual programs under which As I visited those hospitals and held funds were authorized; or tion project submitted under section 4, those tiny babies, the doctors and which shall be used by an Indian tribe to re- (B) to allocate expenditures among indi- port activities carried out under the plan; vidual programs. nurses who staffed these units asked and (b) EXCESS FUNDS.—With respect to admin- me, ‘‘Why don’t we do something to re- (ii) relating to the projected expenditures istrative costs of carrying out the approved duce the incidents of birth defects and for the individual plan, which shall be used plan of an Indian tribe under this Act— the problems that bring the tiniest of by an Indian tribe to report all plan expendi- (1) all administrative costs under the ap- infants to these very high-tech, spe- tures; proved plan may be commingled; cialized care units.’’ (B) the development of a single system of (2) an Indian tribe that carries out a dem- Since I became a Senator I have been Federal oversight for the plan, which shall onstration program under such an approved plan shall be entitled to receive reimburse- working with colleagues on both sides be implemented by the lead agency; of the aisle and with the March of (C) the provision of, or arrangement for ment for the full amount of those costs in provision of, technical assistance to an In- accordance with regulations of each program Dimes to deal with this serious and dian tribe that is appropriate to support and or department; and compelling health problem facing implement the plan, delivered under an ar- (3) if the Indian tribe, after paying admin- America. rangement subject to the approval of the In- istrative costs associated with carrying out Many people are not aware that birth dian tribe participating in the project (ex- the approved plans, realizes excess adminis- defects affect over 3 percent of all cept that an Indian tribe shall have the au- trative funds, those funds shall not be count- births in America, and they are the thority to accept or reject the plan for pro- ed for Federal audit purposes if the excess funds are used for the purposes provided for leading cause of infant death. This year viding the technical assistance and the tech- alone, an estimated 150,000 babies will nical assistance provider); and under this Act. (D) the convening by an appropriate offi- SEC. 14. FISCAL ACCOUNTABILITY. be born with a birth defect. Among the cial of the lead agency (who shall be an offi- Nothing in this Act affects the authority babies who survive, birth defects often cial appointed by and with the advice and of the Secretary or the lead agency to safe- result in lifelong disability. Medical consent of the Senate) and a representative guard Federal funds in accordance with care, special education, and may other of the Indian tribes that carry out projects chapter 75 of title 31, United States Code. services are often required into adult- under this Act, in consultation with each of SEC. 15. REPORT ON STATUTORY AND OTHER hood, costing families thousands of dol- BARRIERS TO INTEGRATION. the Indian tribes that participate in projects lars each year. under this Act, of a meeting at least twice (a) PRELIMINARY REPORT.—Not later than 2 years after the date of enactment of this In 1998, Congress finally passed a bill during each fiscal year, for the purpose of I had sponsored for 3 previous sessions, providing an opportunity for all Indian Act, the Secretary shall submit to the Com- tribes that carry out projects under this Act mittee on Indian Affairs of the Senate and the Birth Defects Prevention Act, to discuss issues relating to the implementa- the Committee on Resources of the House of which created a federal birth defects Representatives a preliminary report that tion of this Act with officials of each agency prevention and surveillance strategy. describes the implementation of this Act. specified in paragraph (1). That was followed by the Children’s (b) FINAL REPORT.—Not later than 5 years (b) REPORT REQUIREMENTS.— after the date of enactment of this Act, the Health Act of 2000, which established (1) IN GENERAL.—The single reporting for- Secretary shall submit to the Committee on the National Center on Birth Defects mats described in subsection (a)(3)(A) shall Indian Affairs of the Senate and the Com- and Developmental Disabilities at be developed by the Secretary in accordance mittee on Resources of the House of Rep- CDC. With these two important pieces with this Act. resentatives a final report that— (2) INFORMATION.—The single reporting for- of legislation Congress recognized that (1) describes the results of implementation mat, together with records maintained on birth defects and developmental dis- of this Act; and the consolidated program at the tribal level, abilities are major threats to children’s (2) identifies statutory barriers to the abil- shall contain such information as the Sec- ity of Indian tribes to integrate more effec- health. retary determines will— tively alcohol and substance abuse services The Birth Defects and Developmental (A) allow the Secretary to determine in a manner consistent with this Act. Disabilities Prevention Act revises and whether the Indian tribe has complied with SEC. 16. ASSIGNMENT OF FEDERAL PERSONNEL extends the Birth Defects Prevention the requirements incorporated in the ap- TO STATE INDIAN ALCOHOL AND Act of 1998. This bill is straightforward proved plan of the Indian tribe; and DRUG TREATMENT OR MENTAL and has the support of the March of (2) provide assurances to the Secretary HEALTH PROGRAMS. that the Indian tribe has complied with all— Any State with an alcohol and substance Dimes, Spina Bifida Association of (A) applicable statutory requirements; and abuse or mental health program targeted to- America, the Autism Society of Amer- (B) applicable regulatory requirements ward Indian tribes shall be eligible to re- ica, and the Coalition for Children’s that have not been waived. ceive, at no cost to the State, such Federal health among others. It: (1) Reauthor- SEC. 11. NO REDUCTION IN AMOUNTS. personnel assignments as the Secretary, in izes the National Center on Birth De- In no case shall the amount of Federal accordance with the applicable provisions of fects and Developmental Disabilities funds available to an Indian tribe involved in subchapter IV of chapter 33 of title 5, United for 5 years; (2) makes several technical States Code, determines to be appropriate to any project under this Act be reduced as a amendments to ensure that the full result of the enactment of this Act. help ensure the success of the program. scope of activities conducted by the SEC. 12. INTERAGENCY FUND TRANSFERS. center are included in statute; (3) au- The Secretary, the Secretary of the Inte- By Mr. BOND (for himself, Mr. rior, the Secretary of Labor, the Secretary of DODD, Mr. FRIST, and Mr. KEN- thorizes CDC to collect data from edu- Education, the Secretary of Housing and NEDY): cational records that are necessary to Urban Development, the Attorney General, S. 286. A bill to revise and extend the conduct surveillance on developmental or the Secretary of Transportation, as appro- Birth Defects Prevention Act of 1998; to disabilities—including autism—while

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A04FE6.060 S04PT1 February 4, 2003 CONGRESSIONAL RECORD — SENATE S1889 protecting the privacy of individuals formation on the incidence and preva- created by living artists are available and their families; (4) authorizes CDC lence of individuals living with birth to the public in the future, for study or to support a National Spina Bifida Pro- defects and disabilities, any health dis- for pleasure, this is something that gram to promote prevention and en- parities, experienced by such individ- artists should be allowed to do as well. hance the quality of life of those living uals, and recommendations for improv- Under current law, artists who donate with Spina Bifida; (5) authorizes CDC ing the health and wellness and quality self-created works are only able to de- to conduct research and programs on of life of such individuals. The Clear- duct the cost of supplies such as can- the prevention of secondary conditions inghouse will also contain a summary vas, pen, paper and ink, which does not and the promotion of health and of recommendations from all birth de- even come close to their true value. wellness in individuals living with dis- fects research conferences sponsored by This is unfair to artists and it hurts abilities; and (6) finally, the bill trans- the agency including conferences re- museums and libraries, large and fers certain members of the Advisory lated to spina bifida. small, that are dedicated to preserving Committee to the Director of the Na- This legislation also clarifies advi- works for posterity. tional Center for Environmental sory committees, already in existence, In my State of Vermont, we are in- Health who have expertise in birth de- that have expertise in birth defects, de- credibly proud of the great works pro- fects, developmental disabilities and velopmental disabilities, and disabil- duced by hundreds of local artists who disabilities and health to the National ities and health will be transferred to choose to live and work in the Green Center on Birth Defects and Develop- the National Center on Birth Defects. Mountain State. Displaying their cre- mental Disabilities. This piece of legislation also supports ations in museums and libraries helps We have come a long way in the past a National Spina Bifida Program to develop a sense of pride among 5 years toward preventing certain birth prevent and reduce suffering from the Vermonters and strengthens a bond defects and developmental disabilities, nation’s most common permanently with Vermont, its landscape, its beauty but we face many challenges ahead. disabling birth defect. and its cultural heritage. Anyone who There is still much work to be done to I ask that this piece of important has contemplated a painting in a mu- improve the health of all Americans by legislation be reauthorized. I want to seum or examined an original manu- preventing birth defects and develop- thank my colleagues, Senator BOND script or composition, and has gained a mental disabilities in children, pro- and others, for the introduction of this greater understanding of both the art- moting optimal child development and initial piece of legislation in 1998 and ist and the subject as a result, knows ensuring health and wellness among for their continued initiatives on birth the tremendous value of these works. I children and adults living with disabil- defects and developmental disabilities. would like to see more of them, not ities. fewer, preserved in Vermont and across Today, with the introduction of this By Mr. LEAHY (for himself, Mr. the country. bill we have the opportunity to renew BENNETT, Mr. BINGAMAN, Mr. Prior to 1969, artists and collectors our commitment to birth defects pre- COCHRAN, Mr. DASCHLE, Mr. alike were able to take a deduction vention and to improve the quality of DURBIN, Mr. GRAHAM of Florida, equivalent to the fair market value of life of those living with disabilities. I Mr. KENNEDY, Mr. LIEBERMAN, a work, but Congress changed the law look forward to working with my col- Mrs. LINCOLN, Mr. WARNER, Ms. with respect to artists in the Tax Re- leagues to ensure and enhance the well- CANTWELL, Mr. JEFFORDS, Mr. form Act of 1969. Since then, fewer and being of our Nation’s children. JOHNSON, and Mr. KERRY): fewer artists have donated their works Mr. FRIST. Mr. President, I am S. 287. A bill to amend the Internal to museums and cultural institutions. pleased to join Senator BOND in re- Revenue Code of 1986 to provide that a The sharp decline in donations to the introducing the Birth Defects and De- deduction equal to fair market value Library of Congress clearly illustrates velopmental Disabilities Prevention shall be allowed for charitable con- this point. Until 1969, the Library of Act of 2003. This bill reauthorizes the tributions of literary, musical, artistic, Congress received 15 to 20 large gifts of National Center on Birth Defects and or scholarly compositions created by manuscripts from authors each year. In Developmental Disabilities, NCBDD, at the donor; to the Committee on Fi- the four years following the elimi- the Centers for Disease Control and nance. nation of the deduction, the Library re- Prevention to promote optimal fetal, Mr. LEAHY. Mr. President, I rise ceived only one such gift. Instead, infant, and child development and pre- today with Senator BENNETT to intro- many of these works have been sold to vent birth defects and childhood devel- duce the ‘‘Artist-Museum Partnership private collectors and are no longer opmental disabilities. Act of 2003.’’ Our bipartisan legislation available to the general public. Birth defects are the leading cause of will enable our country to keep cher- For example, prior to the enactment infant mortality in the United States, ished art works in the United States of the 1969 law, Igor Stravinsky accounting for more than 20 percent of and to preserve them in our public in- planned to donate his papers to the all infant deaths. Of the 150,000 babies stitutions, while erasing an inequity in Music Division of the Library of Con- born with a birth defect in the United our tax code that currently serves as a gress. But after the law passed, his pa- States each year, 8,000 will die during disincentive for artists to donate their pers were sold instead to a private their first year of life. In addition, works to museums and libraries. This foundation in Switzerland. We can no birth defects are the fifth-leading cause is the same bill we introduced the past longer afford this massive loss to our of years of potential life lost and con- two Congresses. It was also included in cultural heritage. These losses are an tribute substantially to childhood mor- the Senate-passed version of the Presi- unintended consequence of the tax bill bidity and long-term disability. dent’s 2001 tax cut bill and in the Fi- that should now be corrected. Congress passed the Birth Defects nance Committee’s version of the Char- More than 30 years ago, Congress Prevention Act in 1998, a bill to assist ity Aid, Recovery, and Empowerment, changed the law for artists in response States in developing, implementing, or CARE, Act. I would like to thank Sen- to the perception that some taxpayers expanding community-based birth de- ators BINGAMAN, COCHRAN, DASCHLE, were taking advantage of the law by fects tracking systems, programs to DURBIN, GRAHAM of Florida, KENNEDY, inflating the market value of self-cre- prevent birth defects, and activities to LIEBERMAN, LINCOLN, and WARNER for ated works. Since that time, however, improve access to health services for cosponsoring this bipartisan bill. the government has cut down signifi- children with birth defects. The au- Our bill is sensible and straight- cantly on the abuse of fair market thorization for this important legisla- forward. It would allow artists, writers, value determinations. Under this legis- tion expires at the end of this year, and and composers who donate works to lation, artists who donate their own the legislation we are introducing museums and libraries to take a tax paintings, manuscripts, compositions, today will strengthen those important deduction equal to the fair market or scholarly compositions, would be programs. value of the work. This is something subject to the same new rules that all In order to educate health profes- that collectors who make similar dona- taxpayer/collectors who donate such sionals and the general public, this leg- tions are already able to do. If we as a works must now follow. This includes islation requires NCBDD to provide in- Nation want to ensure that art works providing relevant information as to

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A04FE6.069 S04PT1 S1890 CONGRESSIONAL RECORD — SENATE February 4, 2003 the value of the gift, providing apprais- the material cost of the work, which A series of hearings held by the Com- als by qualified appraisers, and, in may be nothing more than a canvas, a mittee on Indian Affairs over the past some cases, subjecting them to review tube of paint, and a wooden frame. two years revealed that the AIRFA pol- by the Internal Revenue Service’s Art Thus, there exists a disincentive for icy remains aspirational and the goals Advisory Panel. artists to donate their work to muse- of that Act have not been realized. In addition, donated works must be ums. The solution is simple: treat col- The clashes between economic and accepted by museums and libraries, lectors and artists the same way. This cultural interests will also sharpen as which often have strict criteria in bill would do just that. our nation’s needs for economic activi- place for works they intend to display. Certainly, this bill would benefit art- ties, such as logging, energy and min- The institution must certify that it in- ists, but more importantly, the bene- ing, increases. tends to put the work to a use that is ficiaries would be the museums that In 1970, President Nixon’s Special related to the institution’s tax exempt would receive the art work and the Message to Congress on Indian Affairs status. For example, a painting con- general public who would be able to changed forever Federal Indian law and tributed to an educational institution view it in a timely manner. This policy. The President also signed into must be used by that organization for change in the tax code would increase law legislation transferring the sacred educational purposes. It could not be the number of original pieces donated Blue Lake lands back to the Pueblo of sold by the institution for profit. Simi- to public institutions, giving scholars Taos. These two events set the stage larly, a work could not be donated to a greater access to an artist’s work dur- for both the Indian Self Determination hospital or other charitable institution ing the lifetime of that artist, as well and Education Assistance Act, 1975, as that did not intend to use the work in as provide for an increase in the public well as the AIRFA, 1978. a manner related to the function con- display of such work. The legislation I am re-introducing stituting the donee’s exemption under I would like to thank Senator LEAHY today will build on these precedents by Section 501 of the tax code. Finally, the for his work on this bill. I urge my col- setting up a Demonstration Project to fair market value of the work could leagues to support this common-sense expand opportunities for Native con- only be deducted from the portion of legislation. The fiscal impact of the tracting on Federal lands. One goal of the artist’s income that has come from Artist-Museum Partnership Act on the this bill is to bring to bear the knowl- the sale of similar works, or related ac- Federal budget would be minimal, but edge and sensitivity of Native people to tivities. the benefit to our nation’s cultural and activities that are currently being car- This bill would also correct another artistic heritage cannot be overstated. ried out by Federal agencies. disparity in the tax treatment of self- This minor correction to the tax code Under the bill, the Secretary of the created works, how the same work is is long overdue, and the Senate should Interior would select up to 12 tribes or treated before and after an artist’s act on this legislation to remedy the tribal organizations per year to provide death. While living artists may only problem. archaeological, anthropological, ethno- deduct the material costs of donations, graphic and cultural surveys and anal- donations of those same works after By Mr. CAMPBELL: ysis; land management planning; and death are deductible from estate taxes S. 288. A bill to encourage con- activities related to the identification, at the fair market value of the work. tracting by Indians and Indian tribes maintenance, or protection of lands In addition, when an artist dies, works for the management of Federal land, considered to have religious, ceremo- that are part of his or her estate are and for other purposes; to the Com- nial or cultural significance to Indian taxed on the fair market value. mittee on Indian Affairs. tribes. Mr. CAMPBELL. Mr. President, as I Last Congress, the Joint Committee I urge my colleagues to join me in did last session, I am again pleased to on Taxation estimated that our bill supporting this measure. introduce the ‘‘Indian Tribal Con- would cost $50 million over 10 years. Mr. President, I ask unanimous con- tracting and Federal Lands Manage- This is a moderate price to pay for our sent that the bill be printed in the ment Demonstration Project Act’’ to education and the preservation of our RECORD. expand the highly-successful Indian cultural heritage. There being no objection, the bill was I want to thank my colleagues again Self Determination and Education As- ordered to be printed in the RECORD, as for cosponsoring this bipartisan legis- sistance Act of 1975 and to bring Native follows: lation. The time has come for us to knowledge, values and sensitivity to correct an unintended consequence of the management of our Federal lands. S. 288 the 1969 law and encourage rather than I want to emphasize that this initia- Be it enacted by the Senate and House of Rep- discourage the donations of art works tive is a starting point for a broader resentatives of the United States of America in Congress assembled, by their creators. This bill could, and I discussion about whether Federal law believe would, make a critical dif- sufficiently protects sacred Indian SECTION. 1. SHORT TITLE. places that are located on Federal This Act may be cited as the ‘‘Indian Con- ference in an artist’s decision to donate tracting and Federal Land Management his or her work, rather than sell it to lands. Demonstration Project Act’’. Americans react viscerally when a private party, where it may become SEC. 2. PURPOSES. lands and sites held sacred are threat- lost to the public forever. The purposes of this Act are— Mr. BENNETT. Mr. President, I am ened. Whether the site in question is (1) to expand the provisions of the Indian proud to join the Senator from the Little Bighorn Battlefield in Mon- Self-Determination and Education Assist- Vermont today to introduce the Artist- tana; the American Cemetery at ance Act (25 U.S.C. 450 et seq.) to increase In- Museum Partnership Act. He and I Omaha Beach in Normandy, France; or dian employment and income through great- have introduced this legislation in the religious and ceremonial sites held er contracting opportunities with the Fed- past, and we hope that our colleagues dear by Native people. eral Government; will see this bill for what it is: a rea- Twenty-five years ago Congress (2) to encourage contracting by Indians passed the American Indian Religious and Indian tribes with respect to manage- sonable solution to an unintentional ment of Federal land— inequity in our tax code. Freedom Act which declared that it is (A) to realize the benefit of Indian knowl- This legislation would allow living ‘‘the policy of the United States to pro- edge and expertise with respect to the land; artists to deduct the fair-market value tect and preserve for American Indians and of their art work when they contribute their inherent right of freedom to be- (B) to promote innovative management their work to museums or other public lieve, express and exercise the tradi- strategies on Federal land that will result in institutions. As the tax code is cur- tional religions of the American In- greater sensitivity toward, and respect for, rently written, art collectors are able dian, Eskimo, Aleut, and Native Ha- religious beliefs and sacred sites of Indians to deduct the fair market value of any waiians, including but not limited to and Indian tribes; (3) to better accommodate access to and piece of art they donate to a museum. access to sites, use and possession of ceremonial use of Indian sacred land by In- However, if the artist who created that sacred objects, and the freedom to wor- dian religious practitioners; and same piece of work were to donate it, ship through ceremonials and tradi- (4) to prevent significant damage to Indian he or she would only be able to deduct tional rites.’’ sacred land.

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G04FE6.021 S04PT1 February 4, 2003 CONGRESSIONAL RECORD — SENATE S1891 SEC. 3. TRIBAL PROCUREMENT CONTRACTING into contracts with Indian tribes or tribal ‘‘(i) not later than October 1 of the fiscal AND RESERVATION DEVELOPMENT. organizations under which the Indian tribes year following the fiscal year in which the Section 7 of the Indian Self-Determination or tribal organizations shall carry out activi- Indian tribe or tribal organization completes and Education Assistance Act (25 U.S.C. 450e) ties relating to Federal land management, the planning phase under paragraph (5); or is amended by adding at the end the fol- including— ‘‘(ii) in accordance with an alternative im- lowing: ‘‘(A) archaeological, anthropological, and plementation schedule agreed to under sub- ‘‘(d) TRIBAL PROCUREMENT CONTRACTING cultural surveys and analyses; and paragraph (B). AND RESERVATION DEVELOPMENT.— ‘‘(B) activities relating to the identifica- ‘‘(D) TERM.—A contract entered into under ‘‘(1) IN GENERAL.—Subject to paragraph (2), this paragraph may have a term of not to ex- on request by and application of an Indian tion, maintenance, or protection of land con- sidered to have religious, ceremonial, or cul- ceed 5 fiscal years, beginning with the fiscal tribe to provide certain services or year in which the contract is entered into. deliverables that the Secretary of the Inte- tural significance to the Indian tribe or trib- al organization. ‘‘(E) DECLINATION AND APPEALS PROVI- rior would otherwise procure from a private- SIONS.—The provisions of this Act relating to sector entity (referred to in this subsection ‘‘(3) PARTICIPATION.—During each of the 2 fiscal years after the date of enactment of declination and appeals of contracts, includ- as an ‘applicant tribe’), and absent a request ing section 110, shall apply to a contract ne- made by 1 or more Indian tribes that would this subsection, the Secretary shall select not less than 12 eligible Indian tribes or trib- gotiated under this paragraph. receive a direct benefit from those services ‘‘(7) ADMINISTRATION OF CONTRACTS.— or deliverables to enter into contracts for al organizations to participate in the project. ‘‘(A) INCLUSION OF CERTAIN TERMS.— those services or deliverables in accordance ‘‘(i) IN GENERAL.—At the request of an In- ‘‘(4) ELIGIBILITY.—To be eligible to partici- with section 102 (referred to in this sub- dian tribe or tribal organization, the bene- pate in the project, an Indian tribe or tribal section as a ‘beneficiary tribe’), the Sec- fits, privileges, terms, and conditions of organization, shall— retary of the Interior shall enter into con- agreements entered into in accordance with ‘‘(A) request participation by resolution or tracts for those services or deliverables with this Act, and such other terms and condi- other official action of the governing body of the applicant tribe in accordance with sec- tions as are mutually agreed to and not oth- the Indian tribe or tribal organization; tion 102. erwise contrary to law, may be included in a ‘‘(B) with respect to the 3 fiscal years im- ‘‘(2) ASSURANCES.—An applicant tribe shall contract entered into under paragraph (6). mediately preceding the fiscal year for which provide the Secretary of the Interior with as- ‘‘(ii) FORCE AND EFFECT.—If any provision surances that the principal beneficiary tribes participation is requested, demonstrate fi- of this Act is incorporated in a contract that receive the services and deliverables for nancial stability and financial management under clause (i), the provision shall— which the applicant tribe has entered into a capability by showing that there were no un- ‘‘(I) have the same force and effect as contract with the Secretary of the Interior resolved significant and material audit ex- under this Act; and remain the Indian tribes originally intended ceptions in the required annual audit of the ‘‘(II) apply notwithstanding any other pro- to benefit from the services or deliverables. self-determination contracts of the Indian vision of law. ‘‘(3) RIGHTS AND PRIVILEGES.—For the pur- tribe or tribal organization; ‘‘(B) AUDIT.—A contract entered into under pose of this subsection, an applicant tribe ‘‘(C) demonstrate significant use of or de- paragraph (6) shall provide for a single-agen- shall enjoy, at a minimum, the same rights pendency on the relevant conservation sys- cy audit report to be filed in accordance with and privileges under this Act as would a ben- tem unit or other public land unit for which chapter 75 of title 31, United States Code. eficiary tribe if the beneficiary tribe exer- programs, functions, services, and activities ‘‘(C) TRANSFER OF EMPLOYEES.— cised rights to enter into a contract relating are requested to be placed under contract ‘‘(i) IN GENERAL.—A Federal employee em- to services or deliverables in accordance with respect to the project; and ployed at the time of transfer of administra- with section 102. ‘‘(D) before entering into any contract de- tive responsibility for a program, service, ‘‘(4) NOTICE OF DESIRE TO CONTRACT.—If a scribed in paragraph (6), complete a planning function, or activity to an Indian tribe or beneficiary tribe seeks to enter into a con- phase described in paragraph (5). tribal organization under this subsection tract with the Secretary of the Interior for ‘‘(5) PLANNING PHASE.—Not later than 1 shall not be separated from Federal service services or deliverables being provided by an year after the date on which the Secretary by reason of the transfer. applicant tribe— selects an Indian tribe or tribal organization ‘‘(ii) INTERGOVERNMENTAL ACTIONS.—An ‘‘(A) the beneficiary tribe shall imme- to participate in the project, the Indian tribe intergovernmental personnel action may be diately provide notice of the desire to enter or tribal organization shall complete, to the used to transfer supervision of a Federal em- into a contract for those services and satisfaction of the Indian tribe or tribal or- ployee described in clause (i) to an Indian deliverables to the applicant tribe and the ganization, a planning phase that includes— tribe or tribal organization. Secretary; and ‘‘(A) legal and budgetary research; and ‘‘(iii) TREATMENT OF TRANSFERRED EMPLOY- ‘‘(B) not later than the date that is 180 ‘‘(B) internal tribal planning and organiza- EES.—Notwithstanding any priority reem- days after the date on which the applicant tional preparation. ployment list, directive, rule, regulation, or tribe and the Secretary of the Interior re- ‘‘(6) CONTRACTS.— other order from the Department of the Inte- ceive the notice, the contract between the ‘‘(A) IN GENERAL.—On request by an Indian rior, the Office of Management and Budget, applicant tribe and the Secretary of the Inte- tribe or tribal organization that meets the or any other Federal agency, a Federal em- rior for the services or deliverables shall ter- eligibility criteria specified in paragraph (4), ployee described in clause (i) shall be given minate.’’. the Secretary shall negotiate and enter into priority placement for any available position SEC. 4. INDIAN AND FEDERAL LAND MANAGE- a contract with the Indian tribe or tribal or- within the respective agency of the em- MENT DEMONSTRATION PROJECT. ganization under which the Indian tribe or ployee. Section 403 of the Indian Self-Determina- tribal organization shall plan, conduct, and ‘‘(8) FUNDING AND PAYMENTS.—A contract tion and Education Assistance Act (25 U.S.C. administer programs, services, functions, entered into under paragraph (6) shall pro- 458cc) is amended by adding at the end the and activities (or portions of programs, serv- vide that, with respect to the transfer of ad- following: ices, functions, and activities) requested by ministrative responsibility for each pro- ‘‘(m) INDIAN AND FEDERAL LAND MANAGE- the Indian tribe or tribal organization that gram, service, function, and activity covered MENT DEMONSTRATION PROJECT.— relate to— by the contract— ‘‘(1) DEFINITIONS.—In this subsection: ‘‘(i) archaeological, anthropological, and ‘‘(A) for each fiscal year during which the ‘‘(A) FEDERAL LAND.— cultural surveys and analyses; and contract is in effect, the Secretary shall pro- ‘‘(i) IN GENERAL.—The term ‘Federal land’ ‘‘(ii) the identification, maintenance, or vide to the Indian tribe or tribal organiza- means any land or interest in or to land protection of land considered to have reli- tion that is a party to the contract funds in owned by the United States. gious, ceremonial, or cultural significance to an amount that is at least equal to the ‘‘(ii) INCLUSION.—The term ‘Federal land’ the Indian tribe or tribal organization. amount that the Secretary would have oth- includes a leasehold interest held by the ‘‘(B) TIME LIMITATION FOR NEGOTIATION OF erwise expended in carrying out the pro- United States. CONTRACTS.—Not later than 90 days after a gram, service, function, or activity for the ‘‘(iii) EXCLUSION.—The term ‘Federal land’ participating Indian tribe or tribal organiza- fiscal year; and does not include land held in trust by the tion notifies the Secretary of completion by ‘‘(B) funds provided to an Indian tribe or United States for the benefit of an Indian the Indian tribe or tribal organization of the tribal organization under subparagraph (A) tribe. planning phase described in paragraph (5), shall be paid by the Secretary by such date ‘‘(B) PROJECT.—The term ‘project’ means the Secretary shall initiate and conclude ne- before the beginning of the applicable fiscal the Indian and Federal Land Management gotiations with respect to a contract de- year as the Secretary and the Indian tribe or Demonstration Project established under scribed in subparagraph (A) (unless an alter- tribal organization may jointly determine, paragraph (2). native negotiation and implementation in the form of annual or semiannual install- ‘‘(C) SECRETARY.—The term ‘Secretary’ schedule is agreed to by the Secretary and ments. means the Secretary of the Interior. the Indian tribe or tribal organization). ‘‘(9) PLANNING GRANTS.— ‘‘(2) ESTABLISHMENT.—The Secretary shall ‘‘(C) IMPLEMENTATION.—An Indian tribe or ‘‘(A) IN GENERAL.—Subject to the avail- establish a demonstration project, to be tribal organization that enters into a con- ability of appropriations, on application by known as the ‘Indian and Federal Land Man- tract under this paragraph shall begin imple- an Indian tribe or tribal organization that is agement Demonstration Project’, to enter mentation of the contract— a participant in the project, the Secretary

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shall provide to the Indian tribe or tribal or- Sec. 103. Exclusion for amounts received ‘‘(D) SPECIAL RULES RELATING TO ELEC- ganization a grant in the amount of $100,000 under Department of Defense TION.— to assist the Indian tribe or tribal organiza- Homeowners Assistance Pro- ‘‘(i) ELECTION LIMITED TO 1 PROPERTY AT A tion in— gram. TIME.—An election under subparagraph (A) ‘‘(i) completing the planning phase de- Sec. 104. Expansion of combat zone filing with respect to any property may not be scribed in paragraph (5); and rules to contingency oper- made if such an election is in effect with re- ‘‘(ii) planning for the contracting of pro- ations. spect to any other property. grams, functions, services, and activities in Sec. 105. Modification of membership re- ‘‘(ii) REVOCATION OF ELECTION.—An election accordance with a contract entered into quirement for exemption from under subparagraph (A) may be revoked at under paragraph (6). tax for certain veterans’ orga- any time.’’. ‘‘(B) NO REQUIREMENT OF GRANT.—An In- nizations. (b) EFFECTIVE DATE; SPECIAL RULE.— dian tribe or tribal organization may carry Sec. 106. Clarification of treatment of cer- (1) EFFECTIVE DATE.—The amendments out responsibilities of the Indian tribe or tain dependent care assistance made by this section shall take effect as if tribal organization described in subpara- programs. included in the amendments made by section graph (A) without applying for a grant under Sec. 107. Clarification relating to exception 312 of the Taxpayer Relief Act of 1997. this paragraph. from additional tax on certain (2) WAIVER OF LIMITATIONS.—If refund or ‘‘(C) LIMITATION ON GRANTS.—No Indian distributions from qualified tui- credit of any overpayment of tax resulting tribe or tribal organization may receive tion programs, etc. on account from the amendments made by this section more than 1 grant under this paragraph. of attendance at military acad- is prevented at any time before the close of ‘‘(D) AUTHORIZATION OF APPROPRIATIONS.— emy. the 1-year period beginning on the date of There are authorized to be appropriated to Sec. 108. Suspension of tax-exempt status of the enactment of this Act by the operation carry out this paragraph such sums as are terrorist organizations. of any law or rule of law (including res judi- necessary for each of the 2 fiscal years fol- Sec. 109. Above-the-line deduction for over- cata), such refund or credit may nevertheless lowing the fiscal year in which this sub- night travel expenses of Na- be made or allowed if claim therefor is filed section is enacted. tional Guard and Reserve mem- before the close of such period. ‘‘(10) REPORT.—Not later than 90 days after bers. SEC. 102. EXCLUSION FROM GROSS INCOME OF each of December 31, 2003, and December 31, TITLE II—OTHER PROVISIONS CERTAIN DEATH GRATUITY PAY- 2006, the Secretary shall submit to Congress Sec. 201. Extension of IRS user fees. MENTS. a detailed report on the project, including— Sec. 202. Partial payment of tax liability in (a) IN GENERAL.—Subsection (b)(3) of sec- ‘‘(A) a description of the project; installment agreements. tion 134 (relating to certain military bene- ‘‘(B) findings with respect to the project; Sec. 203. Revision of tax rules on expatria- fits) is amended by adding at the end the fol- and tion. lowing new subparagraph: ‘‘(C) an analysis of the costs and benefits of Sec. 204. Protection of social security. ‘‘(C) EXCEPTION FOR DEATH GRATUITY AD- JUSTMENTS MADE BY LAW.—Subparagraph (A) the project.’’. TITLE I—IMPROVING TAX EQUITY FOR shall not apply to any adjustment to the MILITARY PERSONNEL By Mr. GRASSLEY (for himself, amount of death gratuity payable under SEC. 101. EXCLUSION OF GAIN FROM SALE OF A chapter 75 of title 10, United States Code, Mr. BAUCUS, Mr. MCCAIN, Mr. PRINCIPAL RESIDENCE BY A MEM- which is pursuant to a provision of law en- ROCKEFELLER, Mr. HATCH, Mr. BER OF THE UNIFORMED SERVICES OR THE FOREIGN SERVICE. acted after September 9, 1986.’’. CONRAD, Mr. DEWINE, Mr. (b) CONFORMING AMENDMENT.—Subpara- (a) IN GENERAL.—Subsection (d) of section GRAHAM of Florida, Mr. SMITH, graph (A) of section 134(b)(3) is amended by 121 (relating to exclusion of gain from sale of Mr. BINGAMAN, Mr. ALLARD, striking ‘‘subparagraph (B)’’ and inserting principal residence) is amended by redesig- ‘‘subparagraphs (B) and (C)’’. Mrs. LINCOLN, Mr. WARNER, Mr. nating paragraph (9) as paragraph (10) and by JOHNSON, Mr. HARKIN, Mr. DUR- (c) EFFECTIVE DATE.—The amendments inserting after paragraph (8) the following made by this section shall apply with respect BIN, and Ms. LANDRIEU): new paragraph: to deaths occurring after September 10, 2001. S. 289. A bill to amend the Internal ‘‘(9) MEMBERS OF UNIFORMED SERVICES AND SEC. 103. EXCLUSION FOR AMOUNTS RECEIVED FOREIGN SERVICE.— Revenue Code of 1986 to improve tax UNDER DEPARTMENT OF DEFENSE equity for military personnel, and for ‘‘(A) IN GENERAL.—At the election of an in- HOMEOWNERS ASSISTANCE PRO- other purposes; to the Committee on dividual with respect to a property, the run- GRAM. ning of the 5-year period described in sub- Finance. (a) IN GENERAL.—Section 132(a) (relating to sections (a) and (c)(1)(B) and paragraph (7) of the exclusion from gross income of certain Mr. GRASSLEY. Mr. President, I ask this subsection with respect to such property fringe benefits) is amended by striking ‘‘or’’ unanimous consent that the text of the shall be suspended during any period that at the end of paragraph (6), by striking the bill be printed in the RECORD. such individual or such individual’s spouse is period at the end of paragraph (7) and insert- There being no objection, the bill was serving on qualified official extended duty as ing ‘‘, or’’, and by adding at the end the fol- a member of the uniformed services or of the ordered to be printed in the RECORD, as lowing new paragraph: Foreign Service of the United States. follows: ‘‘(8) qualified military base realignment ‘‘(B) MAXIMUM PERIOD OF SUSPENSION.—The and closure fringe.’’. S. 289 5-year period described in subsection (a) (b) QUALIFIED MILITARY BASE REALIGNMENT Be it enacted by the Senate and House of Rep- shall not be extended more than 10 years by AND CLOSURE FRINGE.—Section 132 is amend- resentatives of the United States of America in reason of subparagraph (A). ed by redesignating subsection (n) as sub- Congress assembled, ‘‘(C) QUALIFIED OFFICIAL EXTENDED DUTY.— section (o) and by inserting after subsection For purposes of this paragraph— (m) the following new subsection: SECTION 1. SHORT TITLE; ETC. ‘‘(i) IN GENERAL.—The term ‘qualified offi- ‘‘(n) QUALIFIED MILITARY BASE REALIGN- (a) SHORT TITLE.—This Act may be cited as cial extended duty’ means any extended duty MENT AND CLOSURE FRINGE.—For purposes of the ‘‘Armed Forces Tax Fairness Act of while serving at a duty station which is at this section— 2003’’. least 50 miles from such property or while re- ‘‘(1) IN GENERAL.—The term ‘qualified mili- (b) AMENDMENT OF 1986 CODE.—Except as siding under Government orders in Govern- tary base realignment and closure fringe’ otherwise expressly provided, whenever in ment quarters. means 1 or more payments under the author- this Act an amendment or repeal is ex- ‘‘(ii) UNIFORMED SERVICES.—The term ‘uni- ity of section 1013 of the Demonstration Cit- pressed in terms of an amendment to, or re- formed services’ has the meaning given such ies and Metropolitan Development Act of peal of, a section or other provision, the ref- term by section 101(a)(5) of title 10, United 1966 (42 U.S.C. 3374) (as in effect on the date erence shall be considered to be made to a States Code, as in effect on the date of the of the enactment of this subsection) to offset section or other provision of the Internal enactment of this paragraph. the adverse effects on housing values as a re- Revenue Code of 1986. ‘‘(iii) FOREIGN SERVICE OF THE UNITED sult of a military base realignment or clo- (c) TABLE OF CONTENTS.—The table of con- STATES.—The term ‘member of the Foreign sure. tents for this Act is as follows: Service of the United States’ has the mean- ‘‘(2) LIMITATION.—With respect to any prop- Sec. 1. Short title; etc. ing given the term ‘member of the Service’ erty, such term shall not include any pay- by paragraph (1), (2), (3), (4), or (5) of section ment referred to in paragraph (1) to the ex- TITLE I—IMPROVING TAX EQUITY FOR 103 of the Foreign Service Act of 1980, as in tent that the sum of all of such payments re- MILITARY PERSONNEL effect on the date of the enactment of this lated to such property exceeds the amount Sec. 101. Exclusion of gain from sale of a paragraph. described in clause (1) of subsection (c) of principal residence by a mem- ‘‘(iv) EXTENDED DUTY.—The term ‘extended such section (as in effect on such date).’’. ber of the uniformed services or duty’ means any period of active duty pursu- (c) EFFECTIVE DATE.—The amendments the Foreign Service. ant to a call or order to such duty for a pe- made by this section shall apply to payments Sec. 102. Exclusion from gross income of cer- riod in excess of 90 days or for an indefinite made after the date of the enactment of this tain death gratuity payments. period. Act.

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A04FE6.065 S04PT1 February 4, 2003 CONGRESSIONAL RECORD — SENATE S1893 SEC. 104. EXPANSION OF COMBAT ZONE FILING SEC. 107. CLARIFICATION RELATING TO EXCEP- tive order under which such designation or RULES TO CONTINGENCY OPER- TION FROM ADDITIONAL TAX ON identification was made. ATIONS. CERTAIN DISTRIBUTIONS FROM ‘‘(4) DENIAL OF TAX BENEFITS.—No exclu- (a) IN GENERAL.—Section 7508(a) (relating QUALIFIED TUITION PROGRAMS, sion, credit, or deduction shall be allowed to time for performing certain acts post- ETC. ON ACCOUNT OF ATTENDANCE AT MILITARY ACADEMY. under any provision of this title with respect poned by reason of service in combat zone) is to any contribution to an organization de- amended— (a) IN GENERAL.—Subparagraph (B) of sec- tion 530(d)(4) (relating to exceptions from ad- scribed in paragraph (2) during the period de- (1) by inserting ‘‘, or when deployed out- scribed in paragraph (3). side the United States away from the indi- ditional tax for distributions not used for ‘‘(5) DENIAL OF ADMINISTRATIVE OR JUDICIAL vidual’s permanent duty station while par- educational purposes) is amended by striking CHALLENGE OF SUSPENSION OR DENIAL OF DE- ticipating in an operation designated by the ‘‘or’’ at the end of clause (iii), by redesig- nating clause (iv) as clause (v), and by in- DUCTION.—Notwithstanding section 7428 or Secretary of Defense as a contingency oper- any other provision of law, no organization ation (as defined in section 101(a)(13) of title serting after clause (iii) the following new clause: or other person may challenge a suspension 10, United States Code) or which became under paragraph (1), a designation or identi- such a contingency operation by operation of ‘‘(iv) made on account of the attendance of the account holder at the United States Mili- fication described in paragraph (2), the pe- law’’ after ‘‘section 112’’, riod of suspension described in paragraph (3), (2) by inserting in the first sentence ‘‘or at tary Academy, the United States Naval Academy, the United States Air Force Acad- or a denial of a deduction under paragraph any time during the period of such contin- (4) in any administrative or judicial pro- gency operation’’ after ‘‘for purposes of such emy, the United States Coast Guard Acad- emy, or the United States Merchant Marine ceeding relating to the Federal tax liability section’’, of such organization or other person. (3) by inserting ‘‘or operation’’ after ‘‘such Academy, to the extent that the amount of ‘‘(6) ERRONEOUS DESIGNATION.— an area’’, and the payment or distribution does not exceed ‘‘(A) IN GENERAL.—If— (4) by inserting ‘‘or operation’’ after ‘‘such the costs of advanced education (as defined by section 2005(e)(3) of title 10, United States ‘‘(i) the tax exemption of any organization area’’. described in paragraph (2) is suspended under (b) CONFORMING AMENDMENTS.— Code, as in effect on the date of the enact- paragraph (1), (1) Section 7508(d) is amended by inserting ment of this section) attributable to such at- ‘‘(ii) each designation and identification ‘‘or contingency operation’’ after ‘‘area’’. tendance, or’’. described in paragraph (2) which has been (2) The heading for section 7508 is amended (b) EFFECTIVE DATE.—The amendments made with respect to such organization is de- by inserting ‘‘or contingency operation’’ after made by this section shall apply to taxable termined to be erroneous pursuant to the ‘‘combat zone’’. years beginning after December 31, 2002. law or Executive order under which such des- (3) The item relating to section 7508 in the SEC. 108. SUSPENSION OF TAX-EXEMPT STATUS ignation or identification was made, and table of sections for chapter 77 is amended by OF TERRORIST ORGANIZATIONS. ‘‘(iii) the erroneous designations and iden- inserting ‘‘OR CONTINGENCY OPERATION’’ (a) IN GENERAL.—Section 501 (relating to tifications result in an overpayment of in- after ‘‘COMBAT ZONE’’. exemption from tax on corporations, certain come tax for any taxable year by such orga- (c) EFFECTIVE DATE.—The amendments trusts, etc.) is amended by redesignating made by this section shall apply to any pe- subsection (p) as subsection (q) and by in- nization, riod for performing an act which has not ex- serting after subsection (o) the following new credit or refund (with interest) with respect pired before the date of the enactment of subsection: to such overpayment shall be made. this Act. ‘‘(p) SUSPENSION OF TAX-EXEMPT STATUS OF ‘‘(B) WAIVER OF LIMITATIONS.—If the credit SEC. 105. MODIFICATION OF MEMBERSHIP RE- TERRORIST ORGANIZATIONS.— or refund of any overpayment of tax de- QUIREMENT FOR EXEMPTION FROM ‘‘(1) IN GENERAL.—The exemption from tax scribed in subparagraph (A)(iii) is prevented TAX FOR CERTAIN VETERANS’ ORGA- under subsection (a) with respect to any or- at any time by the operation of any law or NIZATIONS. ganization described in paragraph (2), and rule of law (including res judicata), such (a) IN GENERAL.—Subparagraph (B) of sec- the eligibility of any organization described credit or refund may nevertheless be allowed tion 501(c)(19) (relating to list of exempt or- in paragraph (2) to apply for recognition of or made if the claim therefor is filed before ganizations) is amended by striking ‘‘or wid- exemption under subsection (a), shall be sus- the close of the 1-year period beginning on owers’’ and inserting ‘‘, widowers, ancestors, pended during the period described in para- the date of the last determination described or lineal descendants’’. graph (3). in subparagraph (A)(ii). FFECTIVE ATE (b) E D .—The amendments ‘‘(2) TERRORIST ORGANIZATIONS.—An organi- ‘‘(7) NOTICE OF SUSPENSIONS.—If the tax ex- made by this section shall apply to taxable zation is described in this paragraph if such emption of any organization is suspended years beginning after the date of the enact- organization is designated or otherwise indi- under this subsection, the Internal Revenue ment of this Act. vidually identified— Service shall update the listings of tax-ex- SEC. 106. CLARIFICATION OF THE TREATMENT ‘‘(A) under section 212(a)(3)(B)(vi)(II) or 219 empt organizations and shall publish appro- OF CERTAIN DEPENDENT CARE AS- of the Immigration and Nationality Act as a priate notice to taxpayers of such suspension SISTANCE PROGRAMS. terrorist organization or foreign terrorist or- and of the fact that contributions to such or- (a) IN GENERAL.—Section 134(b) (defining qualified military benefit) is amended by ganization, ganization are not deductible during the pe- adding at the end the following new para- ‘‘(B) in or pursuant to an Executive order riod of such suspension.’’. (b) EFFECTIVE DATE.—The amendments graph: which is related to terrorism and issued made by this section shall take effect on the ‘‘(4) CLARIFICATION OF CERTAIN BENEFITS.— under the authority of the International date of the enactment of this Act. For purposes of paragraph (1), such term in- Emergency Economic Powers Act or section cludes any dependent care assistance pro- 5 of the United Nations Participation Act of SEC. 109. ABOVE-THE-LINE DEDUCTION FOR 1945 for the purpose of imposing on such or- OVERNIGHT TRAVEL EXPENSES OF gram (as in effect on the date of the enact- NATIONAL GUARD AND RESERVE ment of this paragraph) for any individual ganization an economic or other sanction, or ‘‘(C) in or pursuant to an Executive order MEMBERS. described in paragraph (1)(A).’’. (a) DEDUCTION ALLOWED.—Section 162 (re- issued under the authority of any Federal (b) CONFORMING AMENDMENTS.— lating to certain trade or business expenses) law if— (1) Section 134(b)(3)(A), as amended by sec- is amended by redesignating subsection (p) ‘‘(i) the organization is designated or oth- tion 102, is amended by inserting ‘‘and para- as subsection (q) and inserting after sub- graph (4)’’ after ‘‘subparagraphs (B) and (C)’’. erwise individually identified in or pursuant section (o) the following new subsection: (2) Section 3121(a)(18) is amended by strik- to such Executive order as supporting or en- ‘‘(p) TREATMENT OF EXPENSES OF MEMBERS ing ‘‘or 129’’ and inserting ‘‘, 129, or gaging in terrorist activity (as defined in OF RESERVE COMPONENT OF ARMED FORCES OF 134(b)(4)’’. section 212(a)(3)(B) of the Immigration and THE UNITED STATES.—For purposes of sub- (3) Section 3306(b)(13) is amended by strik- Nationality Act) or supporting terrorism (as section (a)(2), in the case of an individual ing ‘‘or 129’’ and inserting ‘‘, 129, or defined in section 140(d)(2) of the Foreign Re- who performs services as a member of a re- 134(b)(4)’’. lations Authorization Act, Fiscal Years 1988 serve component of the Armed Forces of the (4) Section 3401(a)(18) is amended by strik- and 1989); and United States at any time during the taxable ing ‘‘or 129’’ and inserting ‘‘, 129, or ‘‘(ii) such Executive order refers to this year, such individual shall be deemed to be 134(b)(4)’’. subsection. away from home in the pursuit of a trade or (c) EFFECTIVE DATE.—The amendments ‘‘(3) PERIOD OF SUSPENSION.—With respect business for any period during which such in- made by this section shall apply to taxable to any organization described in paragraph dividual is away from home in connection years beginning after December 31, 2002. (2), the period of suspension— with such service.’’. (d) NO INFERENCE.—No inference may be ‘‘(A) begins on the date of the first publica- (b) DEDUCTION ALLOWED WHETHER OR NOT drawn from the amendments made by this tion of a designation or identification de- TAXPAYER ELECTS TO ITEMIZE.—Section section with respect to the tax treatment of scribed in paragraph (2) with respect to such 62(a)(2) (relating to certain trade and busi- any amounts under the program described in organization, and ness deductions of employees) is amended by section 134(b)(4) of the Internal Revenue ‘‘(B) ends on the first date that all designa- adding at the end the following new subpara- Code of 1986 (as added by this section) for tions and identifications described in para- graph: any taxable year beginning before January 1, graph (2) with respect to such organization ‘‘(E) CERTAIN EXPENSES OF MEMBERS OF RE- 2002. are rescinded pursuant to the law or Execu- SERVE COMPONENTS OF THE ARMED FORCES OF

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THE UNITED STATES.—The deductions allowed ‘‘(3) AVERAGE FEE REQUIREMENT.—The aver- ‘‘(2) RECOGNITION OF GAIN OR LOSS.—In the by section 162 which consist of expenses, de- age fee charged under the program required case of any sale under paragraph (1)— termined at a rate not in excess of the rates by subsection (a) shall not be less than the ‘‘(A) notwithstanding any other provision for travel expenses (including per diem in amount determined under the following of this title, any gain arising from such sale lieu of subsistence) authorized for employees table: shall be taken into account for the taxable of agencies under subchapter I of chapter 57 Average year of the sale, and of title 5, United States Code, paid or in- ‘‘Category Fee ‘‘(B) any loss arising from such sale shall curred by the taxpayer in connection with Employee plan ruling and opinion .. $250 be taken into account for the taxable year of the performance of services by such taxpayer Exempt organization ruling ...... $350 the sale to the extent otherwise provided by as a member of a reserve component of the Employee plan determination ...... $300 this title, except that section 1091 shall not Armed Forces of the United States for any Exempt organization determina- $275 apply to any such loss. period during which such individual is more tion. Proper adjustment shall be made in the than 100 miles away from home in connec- Chief counsel ruling ...... $200. amount of any gain or loss subsequently re- tion with such services.’’. ‘‘(c) TERMINATION.—No fee shall be imposed alized for gain or loss taken into account (c) EFFECTIVE DATE.—The amendments under this section with respect to requests under the preceding sentence. made by this section shall apply to amounts made after September 30, 2013.’’. ‘‘(3) EXCLUSION FOR CERTAIN GAIN.— paid or incurred in taxable years beginning (b) CONFORMING AMENDMENTS.— ‘‘(A) IN GENERAL.—The amount which, but after December 31, 2002. (1) The table of sections for chapter 77 is for this paragraph, would be includible in the TITLE II—OTHER PROVISIONS amended by adding at the end the following gross income of any individual by reason of SEC. 201. EXTENSION OF INTERNAL REVENUE new item: this section shall be reduced (but not below SERVICE USER FEES. zero) by $600,000. For purposes of this para- ‘‘Sec. 7528. Internal Revenue Service user (a) IN GENERAL.—Chapter 77 (relating to graph, allocable expatriation gain taken into fees.’’. miscellaneous provisions) is amended by add- account under subsection (f)(2) shall be ing at the end the following new section: (2) Section 10511 of the Revenue Act of 1987 treated in the same manner as an amount re- is repealed. quired to be includible in gross income. ‘‘SEC. 7528. INTERNAL REVENUE SERVICE USER FEES. (3) Section 620 of the Economic Growth and ‘‘(B) COST-OF-LIVING ADJUSTMENT.— Tax Relief Reconciliation Act of 2001 is re- ‘‘(i) IN GENERAL.—In the case of an expa- ‘‘(a) GENERAL RULE.—The Secretary shall establish a program requiring the payment pealed. triation date occurring in any calendar year of user fees for— (c) LIMITATIONS.—Notwithstanding any after 2003, the $600,000 amount under sub- ‘‘(1) requests to the Internal Revenue Serv- other provision of law, any fees collected paragraph (A) shall be increased by an ice for ruling letters, opinion letters, and de- pursuant to section 7528 of the Internal Rev- amount equal to— ‘‘(I) such dollar amount, multiplied by termination letters, and enue Code of 1986, as added by subsection (a), ‘‘(II) the cost-of-living adjustment deter- ‘‘(2) other similar requests. shall not be expended by the Internal Rev- enue Service unless provided by an appro- mined under section 1(f)(3) for such calendar ‘‘(b) PROGRAM CRITERIA.— priations Act. year, determined by substituting ‘calendar ‘‘(1) IN GENERAL.—The fees charged under the program required by subsection (a)— (d) EFFECTIVE DATE.—The amendments year 2002’ for ‘calendar year 1992’ in subpara- graph (B) thereof. ‘‘(A) shall vary according to categories (or made by this section shall apply to requests ‘‘(ii) ROUNDING RULES.—If any amount after subcategories) established by the Secretary, made after the date of the enactment of this adjustment under clause (i) is not a multiple ‘‘(B) shall be determined after taking into Act. of $1,000, such amount shall be rounded to account the average time for (and difficulty SEC. 202. PARTIAL PAYMENT OF TAX LIABILITY the next lower multiple of $1,000. of) complying with requests in each category IN INSTALLMENT AGREEMENTS. ‘‘(4) ELECTION TO CONTINUE TO BE TAXED AS (and subcategory), and (a) IN GENERAL.— UNITED STATES CITIZEN.— ‘‘(C) shall be payable in advance. (1) Section 6159(a) (relating to authoriza- ‘‘(A) IN GENERAL.—If a covered expatriate ‘‘(2) EXEMPTIONS, ETC.— tion of agreements) is amended— elects the application of this paragraph— ‘‘(A) IN GENERAL.—The Secretary shall pro- (A) by striking ‘‘satisfy liability for pay- ment of’’ and inserting ‘‘make payment on’’, ‘‘(i) this section (other than this paragraph vide for such exemptions (and reduced fees) and subsection (i)) shall not apply to the ex- under such program as the Secretary deter- and (B) by inserting ‘‘full or partial’’ after ‘‘fa- patriate, but mines to be appropriate. ‘‘(ii) in the case of property to which this ‘‘(B) EXEMPTION FOR CERTAIN REQUESTS RE- cilitate’’. (2) Section 6159(c) (relating to Secretary section would apply but for such election, GARDING PENSION PLANS.—The Secretary the expatriate shall be subject to tax under shall not require payment of user fees under required to enter into installment agree- ments in certain cases) is amended in the this title in the same manner as if the indi- such program for requests for determination vidual were a United States citizen. letters with respect to the qualified status of matter preceding paragraph (1) by inserting ‘‘full’’ before ‘‘payment’’. ‘‘(B) REQUIREMENTS.—Subparagraph (A) a pension benefit plan maintained solely by shall not apply to an individual unless the (b) REQUIREMENT TO REVIEW PARTIAL PAY- 1 or more eligible employers or any trust individual— MENT AGREEMENTS EVERY TWO YEARS.—Sec- which is part of the plan. The preceding sen- ‘‘(i) provides security for payment of tax in tion 6159 is amended by redesignating sub- tence shall not apply to any request— such form and manner, and in such amount, sections (d) and (e) as subsections (e) and (f), ‘‘(i) made after the later of— as the Secretary may require, respectively, and inserting after subsection ‘‘(I) the fifth plan year the pension benefit ‘‘(ii) consents to the waiver of any right of (c) the following new subsection: plan is in existence, or the individual under any treaty of the ‘‘(d) SECRETARY REQUIRED TO REVIEW IN- ‘‘(II) the end of any remedial amendment United States which would preclude assess- STALLMENT AGREEMENTS FOR PARTIAL COL- period with respect to the plan beginning ment or collection of any tax which may be LECTION EVERY TWO YEARS.—In the case of within the first 5 plan years, or imposed by reason of this paragraph, and an agreement entered into by the Secretary ‘‘(ii) made by the sponsor of any prototype ‘‘(iii) complies with such other require- under subsection (a) for partial collection of or similar plan which the sponsor intends to ments as the Secretary may prescribe. a tax liability, the Secretary shall review market to participating employers. ‘‘(C) ELECTION.—An election under sub- ‘‘(C) DEFINITIONS AND SPECIAL RULES.—For the agreement at least once every 2 years.’’. paragraph (A) shall apply to all property to purposes of subparagraph (B)— (c) EFFECTIVE DATE.—The amendments which this section would apply but for the ‘‘(i) PENSION BENEFIT PLAN.—The term made by this section shall apply to agree- election and, once made, shall be irrev- ‘pension benefit plan’ means a pension, prof- ments entered into on or after the date of ocable. Such election shall also apply to it-sharing, stock bonus, annuity, or em- the enactment of this Act. property the basis of which is determined in ployee stock ownership plan. SEC. 203. REVISION OF TAX RULES ON EXPATRIA- whole or in part by reference to the property ‘‘(ii) ELIGIBLE EMPLOYER.—The term ‘eligi- TION. with respect to which the election was made. ble employer’ means an eligible employer (as (a) IN GENERAL.—Subpart A of part II of ‘‘(b) ELECTION TO DEFER TAX.— defined in section 408(p)(2)(C)(i)(I)) which has subchapter N of chapter 1 is amended by in- ‘‘(1) IN GENERAL.—If the taxpayer elects the at least 1 employee who is not a highly com- serting after section 877 the following new application of this subsection with respect to pensated employee (as defined in section section: any property treated as sold by reason of 414(q)) and is participating in the plan. The ‘‘SEC. 877A. TAX RESPONSIBILITIES OF EXPATRIA- subsection (a), the payment of the additional determination of whether an employer is an TION. tax attributable to such property shall be eligible employer under subparagraph (B) ‘‘(a) GENERAL RULES.—For purposes of this postponed until the due date of the return shall be made as of the date of the request subtitle— for the taxable year in which such property described in such subparagraph. ‘‘(1) MARK TO MARKET.—Except as provided is disposed of (or, in the case of property dis- ‘‘(iii) DETERMINATION OF AVERAGE FEES in subsections (d) and (f), all property of a posed of in a transaction in which gain is not CHARGED.—For purposes of any determina- covered expatriate to whom this section ap- recognized in whole or in part, until such tion of average fees charged, any request to plies shall be treated as sold on the day be- other date as the Secretary may prescribe). which subparagraph (B) applies shall not be fore the expatriation date for its fair market ‘‘(2) DETERMINATION OF TAX WITH RESPECT taken into account. value. TO PROPERTY.—For purposes of paragraph (1),

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the additional tax attributable to any prop- ‘‘(A) UNITED STATES REAL PROPERTY INTER- section 349(a) of the Immigration and Na- erty is an amount which bears the same ESTS.—Any United States real property in- tionality Act (8 U.S.C. 1481(a)(5)), ratio to the additional tax imposed by this terest (as defined in section 897(c)(1)), other ‘‘(B) the date the individual furnishes to chapter for the taxable year solely by reason than stock of a United States real property the United States Department of State a of subsection (a) as the gain taken into ac- holding corporation which does not, on the signed statement of voluntary relinquish- count under subsection (a) with respect to day before the expatriation date, meet the ment of United States nationality con- such property bears to the total gain taken requirements of section 897(c)(2). firming the performance of an act of expa- into account under subsection (a) with re- ‘‘(B) SPECIFIED PROPERTY.—Any property triation specified in paragraph (1), (2), (3), or spect to all property to which subsection (a) or interest in property not described in sub- (4) of section 349(a) of the Immigration and applies. paragraph (A) which the Secretary specifies Nationality Act (8 U.S.C. 1481(a)(1)–(4)), ‘‘(3) TERMINATION OF POSTPONEMENT.—No in regulations. ‘‘(C) the date the United States Depart- tax may be postponed under this subsection ‘‘(2) SPECIAL RULES FOR CERTAIN RETIRE- ment of State issues to the individual a cer- later than the due date for the return of tax MENT PLANS.— tificate of loss of nationality, or imposed by this chapter for the taxable year ‘‘(A) IN GENERAL.—If a covered expatriate ‘‘(D) the date a court of the United States which includes the date of death of the expa- holds on the day before the expatriation date cancels a naturalized citizen’s certificate of triate (or, if earlier, the time that the secu- any interest in a retirement plan to which naturalization. rity provided with respect to the property this paragraph applies— Subparagraph (A) or (B) shall not apply to fails to meet the requirements of paragraph ‘‘(i) such interest shall not be treated as any individual unless the renunciation or (4), unless the taxpayer corrects such failure sold for purposes of subsection (a)(1), but voluntary relinquishment is subsequently within the time specified by the Secretary). ‘‘(ii) an amount equal to the present value approved by the issuance to the individual of ‘‘(4) SECURITY.— of the expatriate’s nonforfeitable accrued a certificate of loss of nationality by the ‘‘(A) IN GENERAL.—No election may be benefit shall be treated as having been re- United States Department of State. ceived by such individual on such date as a made under paragraph (1) with respect to ‘‘(4) LONG-TERM RESIDENT.—The term ‘long- any property unless adequate security is pro- distribution under the plan. term resident’ has the meaning given to such vided to the Secretary with respect to such ‘‘(B) TREATMENT OF SUBSEQUENT DISTRIBU- term by section 877(e)(2). property. TIONS.—In the case of any distribution on or ‘‘(f) SPECIAL RULES APPLICABLE TO BENE- ‘‘(B) ADEQUATE SECURITY.—For purposes of after the expatriation date to or on behalf of FICIARIES’ INTERESTS IN TRUST.— subparagraph (A), security with respect to the covered expatriate from a plan from ‘‘(1) IN GENERAL.—Except as provided in any property shall be treated as adequate se- which the expatriate was treated as receiv- paragraph (2), if an individual is determined curity if— ing a distribution under subparagraph (A), under paragraph (3) to hold an interest in a ‘‘(i) it is a bond in an amount equal to the the amount otherwise includible in gross in- trust on the day before the expatriation deferred tax amount under paragraph (2) for come by reason of the subsequent distribu- date— the property, or tion shall be reduced by the excess of the ‘‘(A) the individual shall not be treated as ‘‘(ii) the taxpayer otherwise establishes to amount includible in gross income under having sold such interest, the satisfaction of the Secretary that the se- subparagraph (A) over any portion of such ‘‘(B) such interest shall be treated as a sep- amount to which this subparagraph pre- curity is adequate. arate share in the trust, and viously applied. ‘‘(5) WAIVER OF CERTAIN RIGHTS.—No elec- ‘‘(C)(i) such separate share shall be treated ‘‘(C) TREATMENT OF SUBSEQUENT DISTRIBU- tion may be made under paragraph (1) unless as a separate trust consisting of the assets TIONS BY PLAN.—For purposes of this title, a the taxpayer consents to the waiver of any allocable to such share, retirement plan to which this paragraph ap- right under any treaty of the United States ‘‘(ii) the separate trust shall be treated as plies, and any person acting on the plan’s be- which would preclude assessment or collec- having sold its assets on the day before the half, shall treat any subsequent distribution tion of any tax imposed by reason of this sec- expatriation date for their fair market value described in subparagraph (B) in the same tion. and as having distributed all of its assets to manner as such distribution would be treat- ‘‘(6) ELECTIONS.—An election under para- the individual as of such time, and ed without regard to this paragraph. graph (1) shall only apply to property de- ‘‘(iii) the individual shall be treated as ‘‘(D) APPLICABLE PLANS.—This paragraph scribed in the election and, once made, is ir- shall apply to— having recontributed the assets to the sepa- revocable. An election may be made under ‘‘(i) any qualified retirement plan (as de- rate trust. paragraph (1) with respect to an interest in a fined in section 4974(c)), Subsection (a)(2) shall apply to any income, trust with respect to which gain is required ‘‘(ii) an eligible deferred compensation gain, or loss of the individual arising from a to be recognized under subsection (f)(1). plan (as defined in section 457(b)) of an eligi- distribution described in subparagraph ‘‘(7) INTEREST.—For purposes of section ble employer described in section (C)(ii). In determining the amount of such 6601— 457(e)(1)(A), and distribution, proper adjustments shall be ‘‘(A) the last date for the payment of tax ‘‘(iii) to the extent provided in regulations, made for liabilities of the trust allocable to shall be determined without regard to the any foreign pension plan or similar retire- an individual’s share in the trust. election under this subsection, and ment arrangements or programs. ‘‘(2) SPECIAL RULES FOR INTERESTS IN QUALI- ‘‘(B) section 6621(a)(2) shall be applied by ‘‘(e) DEFINITIONS.—For purposes of this sec- FIED TRUSTS.— substituting ‘5 percentage points’ for ‘3 per- tion— ‘‘(A) IN GENERAL.—If the trust interest de- centage points’ in subparagraph (B) thereof. ‘‘(1) EXPATRIATE.—The term ‘expatriate’ scribed in paragraph (1) is an interest in a ‘‘(c) COVERED EXPATRIATE.—For purposes means— qualified trust— of this section— ‘‘(A) any United States citizen who relin- ‘‘(i) paragraph (1) and subsection (a) shall ‘‘(1) IN GENERAL.—Except as provided in quishes citizenship, and not apply, and paragraph (2), the term ‘covered expatriate’ ‘‘(B) any long-term resident of the United ‘‘(ii) in addition to any other tax imposed means an expatriate. States who— by this title, there is hereby imposed on each ‘‘(2) EXCEPTIONS.—An individual shall not ‘‘(i) ceases to be a lawful permanent resi- distribution with respect to such interest a be treated as a covered expatriate if— dent of the United States (within the mean- tax in the amount determined under sub- ‘‘(A) the individual— ing of section 7701(b)(6)), or paragraph (B). ‘‘(i) became at birth a citizen of the United ‘‘(ii) commences to be treated as a resident ‘‘(B) AMOUNT OF TAX.—The amount of tax States and a citizen of another country and, of a foreign country under the provisions of under subparagraph (A)(ii) shall be equal to as of the expatriation date, continues to be a a tax treaty between the United States and the lesser of— citizen of, and is taxed as a resident of, such the foreign country and who does not waive ‘‘(i) the highest rate of tax imposed by sec- other country, and the benefits of such treaty applicable to resi- tion 1(e) for the taxable year which includes ‘‘(ii) has not been a resident of the United dents of the foreign country. the day before the expatriation date, multi- States (as defined in section 7701(b)(1)(A)(ii)) ‘‘(2) EXPATRIATION DATE.—The term ‘expa- plied by the amount of the distribution, or during the 5 taxable years ending with the triation date’ means— ‘‘(ii) the balance in the deferred tax ac- taxable year during which the expatriation ‘‘(A) the date an individual relinquishes count immediately before the distribution date occurs, or United States citizenship, or determined without regard to any increases ‘‘(B)(i) the individual’s relinquishment of ‘‘(B) in the case of a long-term resident of under subparagraph (C)(ii) after the 30th day United States citizenship occurs before such the United States, the date of the event de- preceding the distribution. individual attains age 181⁄2, and scribed in clause (i) or (ii) of paragraph ‘‘(C) DEFERRED TAX ACCOUNT.—For purposes ‘‘(ii) the individual has been a resident of (1)(B). of subparagraph (B)(ii)— the United States (as so defined) for not ‘‘(3) RELINQUISHMENT OF CITIZENSHIP.—A ‘‘(i) OPENING BALANCE.—The opening bal- more than 5 taxable years before the date of citizen shall be treated as relinquishing ance in a deferred tax account with respect relinquishment. United States citizenship on the earliest of— to any trust interest is an amount equal to ‘‘(d) EXEMPT PROPERTY; SPECIAL RULES FOR ‘‘(A) the date the individual renounces the tax which would have been imposed on PENSION PLANS.— such individual’s United States nationality the allocable expatriation gain with respect ‘‘(1) EXEMPT PROPERTY.—This section shall before a diplomatic or consular officer of the to the trust interest if such gain had been in- not apply to the following: United States pursuant to paragraph (5) of cluded in gross income under subsection (a).

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A04FE6.073 S04PT1 S1896 CONGRESSIONAL RECORD — SENATE February 4, 2003

‘‘(ii) INCREASE FOR INTEREST.—The balance beneficiary and the occurrence of all contin- ferred amount) shall be a lien in favor of the in the deferred tax account shall be in- gencies in favor of the beneficiary. United States on all property of the expa- creased by the amount of interest deter- ‘‘(iv) ADJUSTMENTS.—The Secretary may triate located in the United States (without mined (on the balance in the account at the provide for such adjustments to the bases of regard to whether this section applies to the time the interest accrues), for periods after assets in a trust or a deferred tax account, property). the 90th day after the expatriation date, by and the timing of such adjustments, in order ‘‘(B) DEFERRED AMOUNT.—For purposes of using the rates and method applicable under to ensure that gain is taxed only once. this subsection, the deferred amount is the section 6621 for underpayments of tax for ‘‘(v) COORDINATION WITH RETIREMENT PLAN amount of the increase in the covered expa- such periods, except that section 6621(a)(2) RULES.—This subsection shall not apply to triate’s income tax which, but for the elec- shall be applied by substituting ‘5 percentage an interest in a trust which is part of a re- tion under subsection (a)(4) or (b), would points’ for ‘3 percentage points’ in subpara- tirement plan to which subsection (d)(2) ap- have occurred by reason of this section for graph (B) thereof. plies. the taxable year including the expatriation ‘‘(iii) DECREASE FOR TAXES PREVIOUSLY ‘‘(3) DETERMINATION OF BENEFICIARIES’ IN- date. PAID.—The balance in the tax deferred ac- TEREST IN TRUST.— ‘‘(2) PERIOD OF LIEN.—The lien imposed by count shall be reduced— ‘‘(A) DETERMINATIONS UNDER PARAGRAPH this subsection shall arise on the expatria- ‘‘(I) by the amount of taxes imposed by (1).—For purposes of paragraph (1), a bene- tion date and continue until— subparagraph (A) on any distribution to the ficiary’s interest in a trust shall be based ‘‘(A) the liability for tax by reason of this person holding the trust interest, and upon all relevant facts and circumstances, section is satisfied or has become unenforce- ‘‘(II) in the case of a person holding a non- including the terms of the trust instrument able by reason of lapse of time, or vested interest, to the extent provided in and any letter of wishes or similar docu- ‘‘(B) it is established to the satisfaction of regulations, by the amount of taxes imposed ment, historical patterns of trust distribu- the Secretary that no further tax liability by subparagraph (A) on distributions from tions, and the existence of and functions per- may arise by reason of this section. the trust with respect to nonvested interests formed by a trust protector or any similar ‘‘(3) CERTAIN RULES APPLY.—The rules set not held by such person. adviser. forth in paragraphs (1), (3), and (4) of section ‘‘(D) ALLOCABLE EXPATRIATION GAIN.—For ‘‘(B) OTHER DETERMINATIONS.—For purposes 6324A(d) shall apply with respect to the lien purposes of this paragraph, the allocable ex- of this section— imposed by this subsection as if it were a patriation gain with respect to any bene- ‘‘(i) CONSTRUCTIVE OWNERSHIP.—If a bene- lien imposed by section 6324A. ficiary of a trust is a corporation, partner- ficiary’s interest in a trust is the amount of ‘‘(j) REGULATIONS.—The Secretary shall gain which would be allocable to such bene- ship, trust, or estate, the shareholders, part- prescribe such regulations as may be nec- ficiary’s vested and nonvested interests in ners, or beneficiaries shall be deemed to be essary or appropriate to carry out the pur- the trust if the beneficiary held directly all the trust beneficiaries for purposes of this poses of this section.’’. section. assets allocable to such interests. (b) INCLUSION IN INCOME OF GIFTS AND BE- ‘‘(ii) TAXPAYER RETURN POSITION.—A tax- ‘‘(E) TAX DEDUCTED AND WITHHELD.— QUESTS RECEIVED BY UNITED STATES CITIZENS payer shall clearly indicate on its income ‘‘(i) IN GENERAL.—The tax imposed by sub- AND RESIDENTS FROM EXPATRIATES.—Section tax return— paragraph (A)(ii) shall be deducted and with- 102 (relating to gifts, etc. not included in ‘‘(I) the methodology used to determine held by the trustees from the distribution to gross income) is amended by adding at the that taxpayer’s trust interest under this sec- which it relates. end the following new subsection: tion, and ‘‘(ii) EXCEPTION WHERE FAILURE TO WAIVE ‘‘(d) GIFTS AND INHERITANCES FROM COV- ‘‘(II) if the taxpayer knows (or has reason TREATY RIGHTS.—If an amount may not be ERED EXPATRIATES.— to know) that any other beneficiary of such deducted and withheld under clause (i) by ‘‘(1) IN GENERAL.—Subsection (a) shall not trust is using a different methodology to de- reason of the distributee failing to waive any exclude from gross income the value of any termine such beneficiary’s trust interest treaty right with respect to such distribu- property acquired by gift, bequest, devise, or under this section. tion— inheritance from a covered expatriate after ‘‘(g) TERMINATION OF DEFERRALS, ETC.—In ‘‘(I) the tax imposed by subparagraph the case of any covered expatriate, notwith- the expatriation date. For purposes of this (A)(ii) shall be imposed on the trust and each standing any other provision of this title— subsection, any term used in this subsection trustee shall be personally liable for the ‘‘(1) any period during which recognition of which is also used in section 877A shall have amount of such tax, and income or gain is deferred shall terminate on the same meaning as when used in section ‘‘(II) any other beneficiary of the trust the day before the expatriation date, and 877A. shall be entitled to recover from the dis- ‘‘(2) any extension of time for payment of ‘‘(2) EXCEPTIONS FOR TRANSFERS OTHERWISE tributee the amount of such tax imposed on tax shall cease to apply on the day before the SUBJECT TO ESTATE OR GIFT TAX.—Paragraph the other beneficiary. expatriation date and the unpaid portion of (1) shall not apply to any property if either— ‘‘(F) DISPOSITION.—If a trust ceases to be a such tax shall be due and payable at the time ‘‘(A) the gift, bequest, devise, or inherit- qualified trust at any time, a covered expa- and in the manner prescribed by the Sec- ance is— triate disposes of an interest in a qualified retary. ‘‘(i) shown on a timely filed return of tax trust, or a covered expatriate holding an in- ‘‘(h) IMPOSITION OF TENTATIVE TAX.— imposed by chapter 12 as a taxable gift by terest in a qualified trust dies, then, in lieu ‘‘(1) IN GENERAL.—If an individual is re- the covered expatriate, or of the tax imposed by subparagraph (A)(ii), quired to include any amount in gross in- ‘‘(ii) included in the gross estate of the there is hereby imposed a tax equal to the come under subsection (a) for any taxable covered expatriate for purposes of chapter 11 lesser of— year, there is hereby imposed, immediately and shown on a timely filed return of tax im- ‘‘(i) the tax determined under paragraph (1) before the expatriation date, a tax in an posed by chapter 11 of the estate of the cov- as if the day before the expatriation date amount equal to the amount of tax which ered expatriate, or were the date of such cessation, disposition, would be imposed if the taxable year were a ‘‘(B) no such return was timely filed but no or death, whichever is applicable, or short taxable year ending on the expatria- such return would have been required to be ‘‘(ii) the balance in the tax deferred ac- tion date. filed even if the covered expatriate were a count immediately before such date. ‘‘(2) DUE DATE.—The due date for any tax citizen or long-term resident of the United Such tax shall be imposed on the trust and imposed by paragraph (1) shall be the 90th States.’’. each trustee shall be personally liable for the day after the expatriation date. (c) DEFINITION OF TERMINATION OF UNITED amount of such tax and any other bene- ‘‘(3) TREATMENT OF TAX.—Any tax paid STATES CITIZENSHIP.—Section 7701(a) is ficiary of the trust shall be entitled to re- under paragraph (1) shall be treated as a pay- amended by adding at the end the following cover from the covered expatriate or the es- ment of the tax imposed by this chapter for new paragraph: tate the amount of such tax imposed on the the taxable year to which subsection (a) ap- ‘‘(48) TERMINATION OF UNITED STATES CITI- other beneficiary. plies. ZENSHIP.— ‘‘(G) DEFINITIONS AND SPECIAL RULES.—For ‘‘(4) DEFERRAL OF TAX.—The provisions of ‘‘(A) IN GENERAL.—An individual shall not purposes of this paragraph— subsection (b) shall apply to the tax imposed cease to be treated as a United States citizen ‘‘(i) QUALIFIED TRUST.—The term ‘qualified by this subsection to the extent attributable before the date on which the individual’s trust’ means a trust which is described in to gain includible in gross income by reason citizenship is treated as relinquished under section 7701(a)(30)(E). of this section. section 877A(e)(3). ‘‘(ii) VESTED INTEREST.—The term ‘vested ‘‘(i) SPECIAL LIENS FOR DEFERRED TAX ‘‘(B) DUAL CITIZENS.—Under regulations interest’ means any interest which, as of the AMOUNTS.— prescribed by the Secretary, subparagraph day before the expatriation date, is vested in ‘‘(1) IMPOSITION OF LIEN.— (A) shall not apply to an individual who be- the beneficiary. ‘‘(A) IN GENERAL.—If a covered expatriate came at birth a citizen of the United States ‘‘(iii) NONVESTED INTEREST.—The term makes an election under subsection (a)(4) or and a citizen of another country.’’. ‘nonvested interest’ means, with respect to (b) which results in the deferral of any tax (d) INELIGIBILITY FOR VISA OR ADMISSION TO any beneficiary, any interest in a trust imposed by reason of subsection (a), the de- UNITED STATES.— which is not a vested interest. Such interest ferred amount (including any interest, addi- (1) IN GENERAL.—Section 212(a)(10)(E) of the shall be determined by assuming the max- tional amount, addition to tax, assessable Immigration and Nationality Act (8 U.S.C. imum exercise of discretion in favor of the penalty, and costs attributable to the de- 1182(a)(10)(E)) is amended to read as follows:

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A04FE6.073 S04PT1 February 4, 2003 CONGRESSIONAL RECORD — SENATE S1897 ‘‘(E) FORMER CITIZENS NOT IN COMPLIANCE Revenue Code of 1986, as added by this sec- In New Mexico, US 54 is a fairly level WITH EXPATRIATION REVENUE PROVISIONS.— tion, shall in no event occur before the 90th route, bypassing New Mexico’s major Any alien who is a former citizen of the day after the date of the enactment of this mountain ranges. The route also tra- United States who relinquishes United Act. verses some of New Mexico’s most dra- States citizenship (within the meaning of section 877A(e)(3) of the Internal Revenue By Mr. BINGAMAN (for himself, matic scenery, including two of the Code of 1986) and who is not in compliance Mr. ROBERTS, Mr. INHOFE, Mrs. State’s popular Scenic Byways. One is with section 877A of such Code (relating to HUTCHISON, Mr. DOMENICI, and the Mesalands Scenic Byway in Guada- expatriation).’’. Mr. BROWNBACK): lupe, San Miguel and Quay Counties, (2) AVAILABILITY OF INFORMATION.— S. 290. A bill to amend the Inter- incorporating the beautiful tablelands (A) IN GENERAL.—Section 6103(l) (relating modal Surface Transportation Effi- known as El Llano Estacado. The other to disclosure of returns and return informa- ciency Act of 1991 to identify a route is the state’s newest byway, La tion for purposes other than tax administra- Frontera de Llano, which follows high- tion) is amended by adding at the end the that passes through the States of following new paragraph: Texas, New Mexico, Oklahoma, and way 39 from Logan to Abbott in Har- ‘‘(19) DISCLOSURE TO DENY VISA OR ADMIS- Kansas as a high priority corridor on ding County, including the spectacular SION TO CERTAIN EXPATRIATES.—Upon written the National Highway System; to the Canadian River Canyon and the Kiowa request of the Attorney General or the At- Committee on Environment and Public National Grasslands. torney General’s delegate, the Secretary Works. The SPIRIT corridor passes through shall disclose whether an individual is in Mr. BINGAMAN. Mr. President, I rise Alamogordo, home of the New Mexico compliance with section 877A (and if not in today to introduce legislation that will Museum of Space History and gateway compliance, any items of noncompliance) to enhance the future economic vitality to the stunning White Sands National officers and employees of the Federal agency Monument. responsible for administering section of communities in Otero, Lincoln, Tor- 212(a)(10)(E) of the Immigration and Nation- rance, Guadalupe, and Quay Counties. Highway 54 is also important to our ality Act solely for the purpose of, and to the The purpose of this legislation is to nation from the perspective of national extent necessary in, administering such sec- focus attention on the need to upgrade security. The route directly serves tion 212(a)(10)(E).’’. U.S. Highway 54 to four lanes. I believe Fort Bliss, the White Sands Missile (B) SAFEGUARDS.—Section 6103(p)(4) (relat- improving the transportation infra- Range, and Holloman Air Force Base. ing to safeguards) is amended by striking ‘‘or structure will help attract good jobs to It also passes through the Nation’s (17)’’ each place it appears and inserting South, Central, and Eastern New Mex- breadbasket as well as some of the Na- ‘‘(17), or (19)’’. tion’s most important oil and gas (3) EFFECTIVE DATE.—The amendments ico. made by this subsection shall apply to indi- I am honored to have my good friend fields. viduals who relinquish United States citizen- and colleague, Senator ROBERTS, as the The route of the SPIRIT corridor ship on or after the date of the enactment of lead cosponsor of the bill. I am also starts at Juarez, Chihuahua, Mexico, this Act. pleased to have Senators INHOFE, home of one the largest concentrations (e) CONFORMING AMENDMENTS.— HUTCHISON, DOMENICI and BROWNBACK of manufacturing in the border region. (1) Section 877 is amended by adding at the as original cosponsors. As a result of increased trade under end the following new subsection: In addition, Representatives UDALL, NAFTA, commercial border traffic is ‘‘(g) APPLICATION.—This section shall not now much higher at the border cross- apply to an expatriate (as defined in section NM, MORAN, LUCAS, THORNBERRY, 877A(e)) whose expatriation date (as so de- PEARCE, and REYES are introducing ings in El Paso, Texas, and Santa Te- fined) occurs on or after February 5, 2003.’’. this bill today on the House side. resa, New Mexico. In New Mexico, (2) Section 2107 is amended by adding at Our bill designates U.S. Highway 54 truck traffic from the border has risen the end the following new subsection: from the border with Mexico at El to over 1000 per day and is expected to ‘‘(f) APPLICATION.—This section shall not Paso, TX, through New Mexico, and triple in the next twenty years. apply to any expatriate subject to section Oklahoma to Wichita, KS, as the The SPIRIT corridor is perfectly sit- 877A.’’. Southwest Passage Initiative for Re- uated to serve international trade and (3) Section 2501(a)(3) is amended by adding promote economic development along at the end the following new subparagraph: gional and Interstate Transportation, its entire route. The route provides di- ‘‘(F) APPLICATION.—This paragraph shall or SPIRIT, corridor. Congress has al- not apply to any expatriate subject to sec- ready included Highway 54 as part of rect connections to four major Inter- tion 877A.’’. the National Highway System. This state Highways: I–10, I–35, I–40, and I– (4)(A) Paragraph (1) of section 6039G(d) is bill adds the SPIRIT Corridor in 70. SPIRIT is also the shortest route amended by inserting ‘‘or 877A’’ after ‘‘sec- Congress’s list of High Priority Cor- between Chicago and El Paso, shaving tion 877’’. ridors on the National Highway Sys- 137 miles off the major alternative. (B) The second sentence of section 6039G(e) tem. Though much of US 54 is currently is amended by inserting ‘‘or who relinquishes About half of the 700-mile-long SPIR- only two lanes, traffic has been rising United States citizenship (within the mean- dramatically along the entire route ing of section 877A(e)(3))’’ after ‘‘877(a))’’. IT corridor is in New Mexico and an- (C) Section 6039G(f) is amended by insert- other 200 miles of it are in Kansas. Our since NAFTA was implemented. In New ing ‘‘or 877A(e)(2)(B)’’ after ‘‘877(e)(1)’’. goal with this designation is to pro- Mexico, total daily traffic levels are (f) CLERICAL AMENDMENT.—The table of mote the development of this route nearing 10,000 and are projected to rise sections for subpart A of part II of sub- into a full four-lane divided highway. to 30,000, with trucks making up 35 per- chapter N of chapter 1 is amended by insert- When completed, the route will link cent of the total. In Oklahoma, traffic ing after the item relating to section 877 the rural areas in the four States to major levels are up to 6,500 per day—40 per- following new item: market centers. cent of which are commercial trucks. ‘‘Sec. 877A. Tax responsibilities of expatria- I continue to believe strongly in the These traffic statistics clearly reflect tion.’’. importance of highway infrastructure the SPIRIT corridor’s attraction to (g) EFFECTIVE DATE.— for economic development in my State. commercial and passenger drivers. (1) IN GENERAL.—Except as provided in this Even in this age of the new economy New Mexicans recognize the impor- subsection, the amendments made by this tance of efficient roads to economic de- section shall apply to expatriates (within the and high-speed digital communica- meaning of section 877A(e) of the Internal tions, roads continue to link our com- velopment and safety. I have long sup- Revenue Code of 1986, as added by this sec- munities together and to carry the ported my state’s efforts to complete tion) whose expatriation date (as so defined) commercial goods and products our the four-lane upgrade of US 54. The occurs on or after February 5, 2003. citizens need. Safe and efficient high- State Highway and Transportation De- (2) GIFTS AND BEQUESTS.—Section 102(d) of ways are especially important to citi- partment now rates the project a high the Internal Revenue Code of 1986 (as added zens in the rural parts of New Mexico. priority for New Mexico. The four-lane by subsection (b)) shall apply to gifts and be- It is well known that regions with upgrade of the first 56-mile segment quests received on or after February 5, 2003, four-lane highways more readily at- from the Texas border to Alamogordo from an individual or the estate of an indi- vidual whose expatriation date (as so de- tract out-of-State visitors and new was completed last year. Two more sec- fined) occurs after such date. jobs. Truck drivers and the traveling tions in New Mexico remain to be up- (3) DUE DATE FOR TENTATIVE TAX.—The due public prefer the safety of a four-lane graded: 163 miles from Tularosa, north date under section 877A(h)(2) of the Internal divided highway. through Carrizozo, Corona, and

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A04FE6.073 S04PT1 S1898 CONGRESSIONAL RECORD — SENATE February 4, 2003 Vaughn, to Santa Rosa and 50 miles and Interstate Transportation Corridor’ or route, improvement of trade, speed of deliv- from Tucumcari to the Texas border ‘SPIRIT Corridor’.’’. ery, and reduction in costs of delivery. near Nara Visa in Quay County. The Sincerely, cost to four-lane these two segments is OCEDC, OTERO COUNTY, DONALD E. CARROLL, Mayor. estimated at $420 million. I am com- ECONOMIC DEVELOPMENT COUNCIL, INC., Alamogordo, NM, March 28, 2002. mitted to working to help secure the Hon. JEFF BINGAMAN, ALAMOGORDO CHAMBER OF COMMERCE, funding required to complete New U.S. Senator, Alamogordo, NM, April 5, 2002. Mexico’s four-lane upgrade as soon as Las Cruces, NM. Hon. JEFF BINGAMAN, possible. I am pleased the other States DEAR SENATOR BINGAMAN: The Otero Coun- U.S. Senator, are also moving quickly to four-lane ty Economic Development Council, Inc. Las Cruces, NM. DEAR SENATOR BINGAMAN: The Alamogordo their portion of the route. I hope desig- (OCEDC) wishes to lend our support for Sen- ate Bill 1986 (currently going through Con- Chamber of Commerce wishes to lend our nating SPIRIT as a High Priority Cor- support for Senate Bill 1986 (currently going ridor on the National Highway System gress), which designates US 54 as a high pri- ority corridor under the Intermodal Surface through Congress), which designates US 54 as a high priority corridor under the Inter- will help spur the completion of this Transportation Efficiency Act of 1991. modal Surface Transportation Efficiency Act project. The Southwest Passage Initiative for Re- of 1991. Once the SPIRIT corridor is des- gional and Interstate Transportation ignated, New Mexico will have four The Southwest Passage Initiative for Re- (S.P.I.R.I.T.) efforts to establish a trade cor- gional and Interstate Transportation high-priority corridors on the National ridor along US 54 will be extremely bene- (S.P.I.R.I.T.) efforts to establish a trade cor- Highway System. The other three are ficial to not only trade with Mexico but ridor along US 54 will be very vital to the the Ports-to-Plains corridor, the Ca- trade with the states this highway passes continued economic development for all of mino Real Corridor, and the East West through—Kansas, Oklahoma, Texas and New the communities along the SPIRIT corridor. Transamerica Corridor. These four Mexico. This is especially true for the businesses trade corridors, as well as our close Economic development progress can only here in Alamogordo, the first stop on the be made when infrastructure is available. route north from the EL Paso-Juarez proximity to the border, strongly un- Having the infrastructure and trade corridor Metroplex. derscore the vital role New Mexico that US 54 provides will bring jobs, diversity We believe the passing of this bill will help plays in our nation’s interstate and and stability to our citizens throughout the to bring jobs, diversification and stability to international transportation network. county. our community. The SPIRIT project has broad grass- We would encourage you to do whatever We would encourage you to do whatever roots support. Most of the cities, coun- you can to see that these measures are you can to see that these measures are ties, and chambers of commerce all the passed. passed. Sincerely, Sincerely, way from Wichita to El Paso have JOHN MARQUARDT, passed resolutions of support for the LARRY SHULSE, President, OCEDC Board of Directors. President, Alamogordo Chamber of Commerce. four-lane upgrade of US 54 along the entire corridor. OKLAHOMA DEPARTMENT OF RESOLUTION NO. 2001–37 I do believe the four-lane upgrade of TRANSPORTATION, Highway 54 is vital to the continued WHEREAS, Senate Bill 1986 was intro- Oklahoma City, OK, April 9, 2002. economic development for all of the duced by Senator Bingaman to designate Hon. JEFF BINGAMAN, U.S. Highway 54 as a high priority corridor communities along the SPIRIT cor- U.S. Senator, 703 Hart Senate Office Building, under the Intermodal Surface Transpor- Washington, DC. ridor in New Mexico. tation Efficiency Act of 1991; and DEAR SENATOR BINGAMAN: We endorse your I again thank Senators ROBERTS, WHEREAS, the Board of Commissioners of efforts to improve US 54 in the States of INHOFE, HUTCHISON, DOMENICI and Lincoln County, State of New Mexico, sup- Oklahoma, New Mexico, Texas, and Kansas. BROWNBACK for cosponsoring the bill, ports the Southwest Passage Initiative for Designation of US 54 as a high priority cor- and I hope all Senators will join us in Regional and Interstate Transportation or ridor on the National Highway System will support of this important legislation. SPIRIT; and aid in on-going and future improvements to It is my hope that our bill can pass WHEREAS, the SPIRIT’s goal is to pro- this significant trade corridor. Governor Keating, Congressman Lucas, quickly this year or be included when mote the four-laning of U.S. Highway 54 from Withcita, Kansas to El Paso, Texas. Senator Inhofe, and Senator Nickles have the Senate considers the reauthoriza- NOW, THEREFORE, BE IT RESOLVED recognized the importance of US 54 in the tion of the six-year transportation bill. that the Board of Commissioners of Lincoln movement of goods and people in this four I ask unanimous consent that the County has further determined that in order state region. Beginning in 1995, US 54 was text of the bill be printed in the to protect the health, safety, and welfare of designated as a ‘‘Transportation Improve- RECORD. I ask unanimous consent that our citizens, the Board hereby supports the ment Corridor’’ in our first Statewide Inter- letters and resolutions of support from Southwest Passage Initiative for Regional modal Transportation Plan. These Transpor- Otero County, Lincoln County, and and Interstate Transportation or SPIRIT tation Improvement Corridors were so des- Corridor. ignated primarily due to current and future Alamogordo in New Mexico, and from congestion and were planned to be four-lane the Director of the Oklahoma Depart- facilities. US 54 certainly carries enough CITY OF ALAMOGORDO, ment of Transportation and the Sec- traffic, especially trucks, for this designa- OFFICE OF THE MAYOR, tion. It has continued as a Transportation retary of Transportation of Kansas be Alamogordo, NM, March 27, 2002. Improvement Corridor in the latest State- printed in the RECORD. Hon. JEFF BINGAMAN, There being no objection, the bill was wide Intermodal Transportation Plan. U.S. Senator, Hart Office Building, Room 703, We have followed through on this designa- ordered to be printed in the RECORD, as Washington, DC. tion by committing significant state and fed- follows: DEAR SENATOR BINGAMAN: This letter is eral funding to improving US 54 to a four- S. 290 written to thank you for your introduction lane facility. We have used Capital Improve- Be it enacted by the Senate and House of Rep- of Senate Bill 1986, the ‘‘Southwest Passage ment Funds (state bonds) combined with fed- resentatives of the United States of America in Initiative for Regional and Interstate Trans- eral funds in the amount of $70 million to Congress assembled, portation’’, or S.P.I.R.I.T. corridor. This purchase right-of-way, move utilities, and SECTION 1. SOUTHWEST PASSAGE INITIATIVE highway corridor provides an essential link construct a four-lane facility from the Texas FOR REGIONAL AND INTERSTATE between Mexico and the Midwestern states. state-line northeastward 34 miles to north of TRANSPORTATION. Truck traffic along this path has increased Optima, Oklahoma. Future plans include Section 1105(c) of the Intermodal Surface substantially since the advent of the NAFTA only purchasing right-of-way from this point Transportation Efficiency Act of 1991 (105 treaty and the expectation is for a tripling of northeastward 21 miles to the Kansas Stat. 2032) is amended by adding at the end total traffic by the year 2023. stateline and constructing a four-lane facil- the following: We recognize that the path to completing ity to Hooker, Oklahoma. However, due to ‘‘(45) The corridor extending from the point the S.P.I.R.I.T. corridor as a four lane high- decreases in both state and federal funding, on the border between the United States and way from El Paso, Texas through new Mex- four-laning US 54 from Hooker northeast- Mexico in the State of Texas at which United ico, Oklahoma, and Kansas will not be com- ward 15 miles to the Kansas stateline is un- States Route 54 begins, along United States plete overnight, but this is an essential step certain. Your efforts in securing funding for Route 54 through the States of Texas, New in moving the project closer to completion. US 54 would greatly aid in this effort. Mexico, Oklahoma, and Kansas, and ending We thank you for supporting this legisla- Sincerely, in Wichita, Kansas, to be known as the tion, whose real and significant benefits will GARY M. RIDLEY, ‘Southwest Passage Initiative for Regional be the safety of the public when using the Director.

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G04FE6.026 S04PT1 February 4, 2003 CONGRESSIONAL RECORD — SENATE S1899 KANSAS DEPARTMENT OF TRANSPOR- 1087j(c)) is amended by adding at the end the lages, the whale hunt is a tradition TATION,OFFICE OF THE SECRETARY following: that has been carried on over many OF TRANSPORTATION, ‘‘(3) ADDITIONAL AMOUNTS FOR TEACHERS IN millennia. As part of that tradition, it Topeka, KS, April 15, 2002. MATHEMATICS, SCIENCE, OR SPECIAL EDU- is the custom that the captain of the Hon. JEFF BINGAMAN, CATION.—Notwithstanding the amount speci- U.S. Senate, fied in paragraph (1), the aggregate amount hunt make all provisions for the meals, Washington, DC. that the Secretary shall repay under this wages and equipment costs associated DEAR SENATOR BINGAMAN: The Kansas De- section shall not be more than $17,500 in the with the hunt. partment of Transportation is supportive of case of— After the hunt, the Captain is repaid the efforts of the Southwest Passage Initia- ‘‘(A) a secondary school teacher— in whale meat and muktuk, which is tive for Regional and Interstate Transpor- ‘‘(i) who meets the requirements of sub- blubber and skin. However, as part of tation (S.P.I.R.I.T.) to designate US–54 as a section (b)(1); and the tradition, the Captain donates a High Priority Corridor on the National High- ‘‘(ii) whose qualifying employment for pur- substantial portion of the whale to his way System. poses of such subsection is teaching mathe- village in order to help the community The legislation which you recently co- matics or science; and sponsored, S. 1986, would recognize the ef- survive the harsh winter. ‘‘(B) an elementary school or secondary While the International Whaling forts of the S.P.I.R.I.T. organization and school teacher— their years of hard work to develop US–54 as ‘‘(i) who meets the requirements of sub- Commission, IWC, has banned commer- a major trade corridor. section (b)(1), other than clauses (ii) and (iii) cial whaling, it has specifically recog- Thank you for your support of S.P.I.R.I.T. of subparagraph (A); nized the cultural significance of whal- and US–54. ‘‘(ii) whose qualifying employment for pur- ing to the Alaska Native community Sincerely, poses of such subsection is teaching special and has allowed them to continue the E. DEAN CARLSON, education; and seasonal hunt. The IWC recognizes that Secretary of Transportation. ‘‘(iii) who, as certified by the chief admin- the traditional whale hunt is not car- istrative officer of the public or nonprofit By Mr. GRAHAM of South Caro- ried on for financial gain. Although the private elementary school or secondary hunt generates no financial gain to the lina: school in which the borrower is employed, is S. 291. A bill to increase the amount teaching children with disabilities that cor- whaling captain, the captain incurs of student loans that may be forgiven respond with the borrower’s training and has real expenses. Since the whaling captain is not en- for teachers in mathematics, science, demonstrated knowledge and teaching skills gaged in a business, he is not permitted and special education; to the Com- in the content areas of the elementary school or secondary school curriculum that to deduct the costs he incurs from his mittee on Health, Education, Labor, the borrower is teaching.’’. taxes. In order to maintain the tradi- and Pensions. tional hunt and to offset some of the Mr. GRAHAM. Mr. President, I ask By Mr. GRAHAM of South Carolina: costs incurred by the Captain, I am unanimous consent that the text of the today introducing legislation that bill be printed in the RECORD. S. 292. A bill to amend the Fair Labor would allow the captain to claim a There being no objection, the bill was Standards Act of 1938 to exempt li- charitable deduction of up to $10,000 to ordered to be printed in the RECORD, as censed funeral directors and licensed embalmers from the minimum wage help defray the costs associated with follows: providing this community service. S. 291 and overtime compensation require- ments of that Act; to the Committee I want to point out that if the Cap- Be it enacted by the Senate and House of Rep- tain incurred all of these expenses and resentatives of the United States of America in on Health, Education, and Labor, and Pensions. then donated the whale meat to a local Congress assembled, charitable organization, the Captain SECTION 1. SHORT TITLE. Mr. GRAHAM. Mr. President, I ask unanimous consent that the text of the would almost certainly be able to de- This Act may be cited as the ‘‘Quality duct the costs he incurred in outfitting bill be printed in the RECORD. Teacher Recruitment and Retention Act of the boat for the charitable purpose. 2003.’’ There being no objection the bill was However, the cultural significance of SEC. 2. ADDITIONAL QUALIFIED LOAN AMOUNTS. printed in the RECORD, as follows: the Captain’s sharing the whale with (a) FEEL LOANS.—Section 428J(c) of the S. 292 Higher Education Act of 1965 (20 U.S.C. 1078– the community would be lost. More- Be it enacted by the Senate and House of Rep- over, since there is no commercial 10(c)) is amended by adding at the end the resentatives of the United States of America in following: Congress assembled, market for whale meat because of the ‘‘(3) ADDITIONAL AMOUNTS FOR TEACHERS IN international whaling bank, there is no SECTION 1. FAIR LABOR STANDARDS ACT OF MATHEMATICS, SCIENCE, OR SPECIAL EDU- 1938. way to set the value of such a chari- CATION.—Notwithstanding the amount speci- Section 13(a) of the Fair Labor Standards table contribution. fied in paragraph (1), the aggregate amount Act of 1938 (29 U.S.C. 213(a)) is amended by This is a very modest proposal and I that the Secretary shall repay under this inserting after paragraph (3) the following: urge my colleagues to support this section shall be not more than $17,500 in the ‘‘(4) any employee employed as a licensed measure. case of— funeral director or a licensed embalmer; or’’. I ask unanimous consent that the ‘‘(A) a secondary school teacher— ‘‘(i) who meets the requirements of sub- text of the bill be printed in the By Ms. MURKOWSKI: RECORD. section (b); and S. 293. A bill to amend the Internal ‘‘(ii) whose qualifying employment for pur- There being no objection, the bill was poses of such subsection is teaching mathe- Revenue Code of 1986 to provide a char- ordered to be printed in the RECORD, as matics or science; and itable deduction for certain expenses follows: ‘‘(B) an elementary school or secondary incurred in support of Native Alaskan S. 293 school teacher— subsistence whaling; to the Committee Be it enacted by the Senate and House of Rep- ‘‘(i) who meets the requirements of sub- on Finance. resentatives of the United States of America in section (b), other than paragraphs (1)(B) and Ms. MURKOWSKI. Mr. President, Congress assembled, (C); during his State of the Union speech SECTION 1. SHORT TITLE. ‘‘(ii) whose qualifying employment for pur- this week, President Bush emphasized This Act may be cited as the ‘‘Native Alas- poses of such subsection is teaching special kan Subsistence Whaling Act of 2003’’. education; and the importance of local and charitable initiatives that help define the char- SEC. 2. CHARITABLE CONTRIBUTION DEDUCTION ‘‘(iii) who, as certified by the chief admin- FOR CERTAIN EXPENSES INCURRED istrative officer of the public or nonprofit acter of the many communities that IN SUPPORT OF NATIVE ALASKAN private elementary school or secondary make up the mosaic of our country. I SUBSISTENCE WHALING. school in which the borrower is employed, is have come to the floor today to discuss (a) IN GENERAL.—Section 170 of the Inter- teaching children with disabilities that cor- a community tradition that is unique nal Revenue Code of 1986 (relating to chari- respond with the borrower’s training and has to many of Alaska’s remote villages table, etc., contributions and gifts) is amend- demonstrated knowledge and teaching skills and which should be recognized and ed by redesignating subsection (m) as sub- in the content areas of the elementary section (n) and by inserting after subsection school or secondary school curriculum that supported by the Federal Government. (l) the following new subsection: the borrower is teaching.’’. Subsistance whaling is vital to the ‘‘(m) EXPENSES PAID BY CERTAIN WHALING (b) DIRECT LOANS.—Section 460(c) of the survival of several Alaska Native com- CAPTAINS IN SUPPORT OF NATIVE ALASKAN Higher Education Act of 1965 (20 U.S.C. munities. In many of our remote vil- SUBSISTENCE WHALING.—

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A04FE6.087 S04PT1 S1900 CONGRESSIONAL RECORD — SENATE February 4, 2003 ‘‘(1) IN GENERAL.—In the case of an indi- States relative to the national per cap- abled and low-income Americans, in- vidual who is recognized by the Alaska Es- ita income. In this way, States with cluding Alaskans, have been assured kimo Whaling Commission as a whaling cap- higher per capita incomes end up pay- access to quality medical care. Alaska tain charged with the responsibility of main- ing a higher percentage of their Med- has proven it can deliver this quality taining and carrying out sanctioned whaling activities and who engages in such activities icaid costs. This formula appears to care, but only with the necessary ad- during the taxable year, the amount de- work well for States near the national justment to the FMAP formula that scribed in paragraph (2) (to the extent such norms for most economic indicators. It recognizes the reality of Alaska’s amount does not exceed $10,000 for the tax- most certainly does not work in the needs. able year) shall be treated for purposes of State of Alaska, however, where these This issue is timely because the Con- this section as a charitable contribution. economic indicators appear more fre- gress has the opportunity to allow the ‘‘(2) AMOUNT DESCRIBED.— quently as statistical exceptions and State of Alaska to plan for the future. ‘‘(A) IN GENERAL.—The amount described in outlyers. Planning is the essence of good man- this paragraph is the aggregate of the rea- The problem is fairly simple: it just agement, and when it comes to health sonable and necessary whaling expenses paid care, we must allow States to plan for by the taxpayer during the taxable year in costs more to do business in Alaska, carrying out sanctioned whaling activities. and this includes health care. A na- future needs. In short, the Federal Gov- ‘‘(B) WHALING EXPENSES.—For purposes of tional per capita income threshold is ernment must remember its commit- subparagraph (A), the term ‘whaling ex- not a fair indicator unless it takes into ment to Alaskans, and allow my State penses’ includes expenses for— account the cost of living in that area. a benefit that all other states have, as- ‘‘(i) the acquisition and maintenance of The cost-of-living adjustment for Fed- surance that money for vital Medicaid whaling boats, weapons, and gear used in eral employees in Alaska suggests that services will not just dry up and dis- sanctioned whaling activities, it costs 25 percent more to live in Alas- appear. ‘‘(ii) the supplying of food for the crew and Alaskans do not seek charity, we other provisions for carrying out such activi- ka than in the lower 48, and Federal employee salaries are adjusted accord- seek equity. The Congress has sup- ties, and ported this request twice before, and I ‘‘(iii) storage and distribution of the catch ingly. A dollar simply does not buy the from such activities. same thing in Alaska that it does in ask for an additional extension to ‘‘(3) SANCTIONED WHALING ACTIVITIES.—For the lower 48. honor Federal commitments to my purposes of this subsection, the term ‘sanc- This is especially true for health care state. The legislation that I am intro- tioned whaling activities’ means subsistence costs. Estimates suggest that, on aver- ducing today will permanently adjust bowhead whale hunting activities conducted age, it costs up to 71 percent more to the Medicaid formula for Alaska. I sin- pursuant to the management plan of the cerely hope that my colleagues will Alaska Eskimo Whaling Commission.’’ deliver health care services in Alaska. American Hospital Association data support this vital legislation that will (b) EFFECTIVE DATE.—The amendments preserve my State’s ability to provide made by subsection (a) shall apply to taxable shows that Alaska has the highest av- years beginning after December 31, 2002. erage expense per hospital admission of health insurance to the most vulner- any State in the Nation. But let’s talk able Alaskans. By Ms. MURKOWSKI: real numbers again. If you were to be S. 294. A bill to eliminate the sunset By Ms. MURKOWSKI: admitted to a hospital in Oregon, on S. 295. A bill to amend the Denali for the determination of the Federal average the cost would be $6,649.00; in Commission Act of 1998 to establish the medical assistance percentage for Alas- Alaska the same average hospital stay Denali transportation system in the ka under the Medicare, Medicaid, and costs almost double, $10,859.00. There State of Alaska; to the Committee on SCHIP Benefits Improvement and Pro- are also higher costs associated with Energy and Natural Resources. tection Act of 2000; to the Committee limited road access and necessary air Ms. MURKOWSKI. Mr. President, I on Finance. ambulance service for rural and iso- rise to introduce a bill to establish the Ms. MURKOWSKI. Mr. President, I lated communities, but the Medicaid Denali Transportation System. speak today on behalf of Alaska’s most FMAP formula does not consider any This bill in intended to help create in vulnerable individuals, our children, of these additional costs. the same beneficial transportation sys- the disabled, and the elderly poor. In addition to the higher cost of serv- tem in Alaska as exists for every other Since its enactment in 1965, the Med- ices in Alaska, the Federal Govern- State in the Union. It is patterned icaid program has helped States pro- ment sets the poverty level 20 percent after a similar effort adopted years ago vide low-income and disabled individ- higher in Alaska than in any of the for the Appalachian region, which has uals with access to vital health care lower 48 States. This means 1 out of demonstrated beyond any doubt that services. In 1997, Congress allowed every 5 Alaskans is eligible for Med- transportation investment is wise in- States to take on certain health-re- icaid. The problem is that this is essen- vestment. lated responsibilities for children. The tially an unfunded Federal mandate be- The bill authorizes the Secretary of Denali Kid Care program, a Medicaid cause the FMAP formula, again, does Transportation to establish a program expansion, has been very successful in not change to reflect this additional re- to fund the costs of construction of the providing health services for Alaskan quirement. The higher demand for Denali Transportation System, at a children. Unfortunately, under current services that results from the higher level of $450 million per year from Fis- law many Alaskans who rely on this poverty level dilutes our resources. The cal Year 2004 through Fiscal Year 2009. program could lose some or all of their Medicaid FMAP formula was developed As new roads are constructed, they will Medicaid coverage. This is because before Alaska became a State and does become part of the National Highway Alaska’s Federal Medical Assistance NOT provide the funds to cover all of System. percentage, FMAP, adjustment, a cor- those who are eligible. As my colleagues are aware, Alaska’s rection to the Medicaid formula due to However, in 1997 and again in 2000, ability to develop a strong economy for the high cost of health care in Alaska, Congress recognized that the Medicaid the benefit of the State and the nation will expire within the next 2 fiscal FMAP formula was unfair for Alaska is deeply impaired by the lack of trans- years. An FMAP correction is nec- and enacted an adjustment to the for- portation. This affects all aspects of essary for Alaska because this ‘‘one- mula. Due in part to this more equi- life in the 49th State, from the delivery size-fits-all’’ formula does not account table funding and a careful re-alloca- of fuel and essential services to indi- for variations in cost-of-living, and tion of resources, Alaska now: has the viduals and families in our many re- does not consider Alaska’s higher fed- lowest age-adjusted death rate for mote villages, to our ability to develop erally mandated poverty level. breast cancer in the Nation; has one of Alaska’s abundance of valuable natural First of all, the FMAP formula was the lowest infant mortality rates in resources. Only our major cities have developed in 1946, 13 years before Alas- the Nation; and has one of the lowest modern roadways, and many of those ka was admitted to the Union. This ar- percentages of low birth weight babies remain isolated. chaic formula is used to calculate the in the Nation. No State, or its citizens, can prosper Federal share of Medicaid costs for These are encouraging statistics, but without adequate transportation sys- each State. The calculations are based more can and must be done to improve tems. In much of the country, such sys- on the per capita income of individual access to quality health care. All dis- tems have been in place since before

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A04FE6.068 S04PT1 February 4, 2003 CONGRESSIONAL RECORD — SENATE S1901 the American Revolution, and have construct marine connections (such as con- tion Nations. These brave men were in- been constantly changing, adapting necting small docks, boat ramps, and port fa- strumental in forwarding American ob- and being upgraded ever since. In much cilities) and other transportation access in- jectives in Vietnam. of Alaska, in contrast, residents are frastructure for communities that would The fact is these men died while serv- otherwise lack access to the National High- still forced to travel between commu- way System. ing their country and are due the nities by boat, or on frozen rivers, just ‘‘(d) ADDITION TO NATIONAL HIGHWAY SYS- rights and honors they deserve, includ- as they did when the Territory of Alas- TEM.—On completion, each highway on the ing being listed on the Vietnam Memo- ka was first purchased from Imperial Denali transportation system that is not al- rial Wall. Russia. In this day, and age, such a sit- ready on the National Highway System shall Two of my fellow Coloradans, Brian uation is completely unacceptable. It be added to the National Highway System. Crowson and Del A. Francis were on is a lasting mark of neglect, and it is ‘‘(e) PREFERENCE TO ALASKA MATERIALS board that fateful morning and sur- AND PRODUCTS.—In the construction of the past time to rectify it. Denali transportation system under this sec- vived this horrible accident. Sadly, 74 The Denali Transportation System tion, the Commission may give preference— of their fellow sailors were not as for- will provide far greater benefits than ‘‘(1) to the use of materials and products tunate. costs. As we enter an era where gigan- indigenous to the State; and At a time when we rightly honor he- tic natural changes are occurring in ‘‘(2) with respect to construction projects roes across our country, should we not the Arctic environment, and ice-free in a region, to local residents and firms also take the necessary step to ensure maritime transportation through the headquartered in that region.’’. that our past heroes are also honored? Arctic Ocean is expected to become a SEC. 3. AUTHORIZATION OF APPROPRIATIONS. This legislation directs the Secretary reality within decades, it is critical Section 310 of the Denali Commission Act of Defense to determine an appropriate of 1998 (42 U.S.C. 3121 note; Public Law 105– that we begin to prepare ourselves for 277) (as redesignated by section 2(1)) is manner to recognize and honor Viet- those changes. Adequate transpor- amended by striking subsection (a) and in- nam Veterans who died in service to tation connections to, and within, serting the following: our Nation but whose names were ex- America’s only Arctic State are imper- ‘‘(a) IN GENERAL.—There are authorized to cluded from the Vietnam Veterans Me- ative. be appropriated to the Commission— morial Wall. It further asks for input As we debate a Federal budget during ‘‘(1) to carry out the duties of the Commis- from government agencies and organi- a time when the economy is struggling, sion under this title (other than section 309), zations that originally constructed the let us not forget that the key to long- and in accordance with the work plan ap- Vietnam Veterans Memorial Wall re- proved under section 304, such sums as are term prosperity is wise investment. In- necessary for fiscal year 2003; and garding the feasibility of adding addi- vesting in Alaska is investing wisely. ‘‘(2) to carry out section 309 $450,000,000 for tional names. Finally, the bill asks for We have incomparable resources and each of fiscal years 2004 through 2009.’’. appropriate alternative options for rec- vigorous citizens. It is time we have ognizing these veterans should it be the transportation system that will By Mr. CAMPBELL: deemed that there is no logistical way allow those assets to be used as they S. 296. A bill to require the Secretary to add these names. should. of Defense to report to Congress re- As a veteran of the Korean War, I Mr. President, I ask unanimously garding the requirements applicable to personally understand the ultimate consent that the text of the bill be the inscription of veterans’ names on sacrifice many of our brave men and printed in the RECORD. the memorial wall of the Vietnam Vet- women have made for the price of free- There being no objection, the bill was erans Memorial; to the Committee on dom. This recognition should not be ordered to be printed in the RECORD, as Energy and Natural Resources. taken lightly. follows: Mr. CAMPBELL. Mr. President, I look forward to working with my S. 295 today I introduce the Fairness to All colleagues here in the Senate as well as Fallen Vietnam War Service Members Be it enacted by the Senate and House of Rep- the USS Frank E. Evans Association so resentatives of the United States of America in Act of 2003. Almost forty years ago, our that we can pass this long overdue leg- Congress assembled, country started sending a generation of islation. SECTION 1. SHORT TITLE. young men off to fight in Vietnam. I ask unanimous consent that the This Act may be cited as the ‘‘Denali Over 58,000 American soldiers gave text of the bill be printed in the Transportation System Act’’. their lives to their country in and RECORD. SEC. 2. DENALI TRANSPORTATION SYSTEM. around the lands, skies, and seas of There being no objection, the bill was The Denali Commission Act of 1998 (42 Vietnam. ordered to be printed in the RECORD, as U.S.C. 3121 note; Public Law 105–277) is The legislation I am introducing follows: amended— today is based on language which I pre- S. 296 (1) by redesignating section 309 as section viously introduced toward the end of 310; and Be it enacted by the Senate and House of Rep- the 107th Congress. resentatives of the United States of America in (2) by inserting after section 308 the fol- The ultimate sacrifices many of lowing: Congress assembled, these men have made are honored on SECTION 1. SHORT TITLE. ‘‘SEC. 309. DENALI TRANSPORTATION SYSTEM. the Vietnam Veterans Memorial Wall ‘‘(a) CONSTRUCTION.— This Act may be cited as the ‘‘Fairness to here in Washington, D.C. There are, ‘‘(1) IN GENERAL.—The Secretary of Trans- All Fallen Vietnam War Service Members portation shall establish a program under however, names that are missing from Act of 2003’’. which the Secretary may pay the costs of the wall, names that rightfully should SEC. 2. FINDINGS. construction (including the costs of design) be there with their fallen fellow Ameri- Congress makes the following findings: in the State of Alaska of the Denali trans- cans. It is now time to correct that (1) Public Law 96–297 (94 Stat. 827) author- portation system. omission. ized the Vietnam Veterans Memorial Fund, ‘‘(2) DESIGN STANDARDS.—Any design car- On the morning of June 3, 1969, the Inc., (the ‘‘Memorial Fund’’) to construct a ried out under this section shall use tech- United States Destroyer, USS Frank E. memorial ‘‘in honor and recognition of the nology and design standards determined by men and women of the Armed Forces of the the Commission. Evans, was cut in half during a training United States who served in the Vietnam ‘‘(b) DESIGNATION OF SYSTEM BY COMMIS- exercise by the Australian aircraft car- war’’. SION.—The Commission shall submit to the rier, Melbourne. The front half of the (2) The Memorial Fund determined that Secretary of Transportation— destroyer sank in three minutes claim- the most fitting tribute to those who served ‘‘(1) designations by the Commission of the ing the lives of seventy-four men. in the Vietnam war would be to permanently general location and termini of highways, While these men were not lost due to inscribe the names of the members of the port and dock facilities, and trails on the enemy fire, they were involved in seri- Armed Forces who died during the Vietnam Denali transportation system; ous combat only days before this trag- war, or who remained missing at the conclu- ‘‘(2) priorities for construction of segments edy. At the time of the accident, the sion of the war, on a memorial wall. of the system; and (3) The Memorial Fund relied on the De- ‘‘(3) other criteria applicable to the pro- USS Frank E. Evans was taking part in partment of Defense to compile the list of in- gram established under this section. Operation Sea Spirit in the South dividuals whose names would be inscribed on ‘‘(c) CONNECTING INFRASTRUCTURE.—In car- China Sea which involved over 40 ships the memorial wall and the criteria for inclu- rying out this section, the Commission may from Southeast Asia Treaty Organiza- sion on such list.

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A04FE6.104 S04PT1 S1902 CONGRESSIONAL RECORD — SENATE February 4, 2003 (4) The Memorial Fund established proce- (c) CONSULTATIONS.—In conducting the dian Affairs Committee has received dures under which mistakes and omissions in study under subsection (a) and preparing the testimony from groups where the indi- the inscription of names on the memorial report under subsection (b), the Secretary of viduals that originally filed the peti- wall could be corrected. Defense shall consult with— tion have passed away, and the strug- (5) Under such procedures, the Department (1) the Secretary of Veterans Affairs; of Defense established eligibility require- (2) the Secretary of the Interior; gle is carried on by their children, and ments that must be met before the Memorial (3) the Vietnam Veterans Memorial Fund, even grandchildren. Fund will make arrangements for the name Inc.; Some petitioners have become so of a veteran to be inscribed on the memorial (4) the American Battle Monuments Com- tired of waiting that they have sued wall. mission; the Secretary of Interior and some (6) The Department of Defense determines (5) the Vietnam Women’s Memorial, Inc.; courts have forced the BAR to produce the eligibility requirements and has periodi- and decisions by dates-certain. cally modified such requirements. (6) the National Capital Planning Commis- Unfortunately this ‘‘queue jumping’’ sion. (7) As of February 1981, in order for the has created adverse incentives, as more name of a veteran to be eligible for inscrip- tion on the memorial wall, the veteran must By Mr. CAMPBELL: groups file lawsuits. have— S. 297. A bill to provide reforms and The kinks in the process have also (A) died in Vietnam between November 1, resources to the Bureau of Indian Af- caused understandable frustration on 1955, and December 31, 1960; fairs to improve the Federal acknowl- the part of other, non-Indian groups. (B) died in a specified geographic combat edgement process, and for other pur- These frustrations have led to volumi- zone on or after January 1, 1961; poses; to the Committee on Indian Af- nous Freedom of Information Act, (C) died as a result of physical wounds sus- fairs. FOIA, requests, and even lawsuits, as tained in such combat zone; or Mr. CAMPBELL. Mr. President, these groups have tried to secure infor- (D) died while participating in, or pro- viding direct support to, a combat mission today I am pleased to be joined by Sen- mation or seek a better understanding immediately en route to or returning from ator INOUYE in introducing the ‘‘Fed- of the regulations. such combat zone. eral Acknowledgment Process Reform As you might expect, once the law- (8) Public Law 106–214 (114 Stat. 335) au- Act of 2003’’. suits get started, paper starts churn- thorizes the American Battle Monuments Since 1997 I have offered changes to ing. The BAR staff testified to the In- Commission to provide for the placement of the Federal Acknowledgment Process, dian Affairs Committee that their an- a plaque within the Vietnam Veterans Me- FAP, which is the process by which In- thropologists, genealogists and histo- morial ‘‘to honor those Vietnam veterans dian groups are ‘‘recognized’’ by the rians spend 40 percent of their time who died after their service in the Vietnam United States as tribes. just making photo-copies in response war, but as a direct result of that service, Recognition of a tribal group as a and whose names are not otherwise eligible to FOIA requests. for placement on the memorial wall’’. tribe brings with it the privileges, im- The bill I am introducing today will (9) The names of a number of veterans who munities and rights accorded to Indian resolve many of the problems I have died during the Vietnam war are not eligible tribes. described. It will do this first by intro- for inscription on the memorial wall or the In recent years, the FAP has been de- ducing discipline into the process. plaque. scribed as ‘‘broken’’, ‘‘too lengthy’’, Under this bill would-be-petitioners (10) Examples of such names include the ‘‘too costly’’, ‘‘without integrity’’, must include enough information in names of the 74 servicemembers who died ‘‘not transparent’’ and ‘‘inconsistently their ‘‘letter of intent’’ so that the aboard the U.S.S. Frank E. Evans (DD–174) applied’’ to name but a few. BAR and other interested parties have on June 3, 1969, while the ship was briefly For petitioners that have waited lit- outside the combat zone participating in a a better idea of the context of the erally generations for a final answer on group. Obtaining more information will training exercise. their application, the process is too SEC. 3. STUDY AND REPORT. better assist the Secretary of Interior lengthy. in providing notices to the group and (a) STUDY.—The Secretary of Defense shall For petitioners of modest means conduct a study that— interested parties; and the bill requires driven to seek the financial support of (1) identifies the veterans (as defined in that such notices go out within 90 days, ‘‘a backer’’, the process is too costly. section 101(2) of title 38, United States Code) insuring timeliness. who died on or after November 1, 1955, as a For interested parties who feel com- pelled to file Freedom of Information Secondly, this bill will provide more direct or indirect result of military oper- resources to petitioners and interested ations in southeast Asia and whose names Act requests to secure information, the are not eligible for inscription on the memo- process is not transparent. parties, based on the needs of the group rial wall of the Vietnam Veterans Memorial; And for the uninitiated and those not or party, something on which all ob- (2) evaluates the feasibility and familiar with the governing legal re- servers of the process seem to be in equitability of revising the eligibility re- gime, the regulations do appear to be agreement. quirements applicable to the inscription of inconsistently applied. Third, this bill will provide more re- names on the memorial wall to be more in- The FAP has not been with us for- sources to the Department of Interior, clusive of such veterans; and ever. In 1978, the Department of Inte- another point on which there seems to (3) evaluates the feasibility and rior established regulations in the Code be wide agreement. equitability of creating an appropriate alter- I do not propose to merely throw native means of recognition for such vet- of Federal Regulations, 25 CFR Part 83, erans. to ‘‘establish a departmental procedure more money at this problem. Instead, (b) REPORT.—Not later than one year after and policy for acknowledging that cer- the bill establishes a research pilot the date of the enactment of this Act, the tain American Indian groups exist as project that will draw upon inde- Secretary of Defense shall submit to Con- tribes.’’ pendent research institutions and con- gress a report based on the study conducted Since this administrative procedure sultation with the Smithsonian to ex- under subsection (a). The report shall in- was set up in 1978, over 270 groups have pand the research capacity of the BAR. clude— petitioned under the regulations, with The bill will also provide a resource (1) the reasons (organized by category) to the Assistant Secretary that is sore- that the names of the veterans identified 18 groups being awarded acknowledg- under subsection (a)(1) are not eligible for in- ment as a tribe, and 19 groups having ly needed: an independent research and scription on the memorial wall under cur- been denied. advisory board that can be called on by rent eligibility requirements, and the num- This means that nearly 230 groups the Assistant Secretary to act as a ber of veterans affected in each category; are still waiting to hear on their peti- peer reviewer and a second source upon (2) a list of the alternative eligibility re- tions. which the Assistant Secretary can base quirements considered under subsection For those who think the Branch of his determination on a petition. (a)(2); Acknowledgment and Research, BAR, This board will consist of certified (3) a list of the alternative means of rec- is a serial grantor of recognition: just professionals and will be available to ognition considered under subsection (a)(3); the Assistant Secretary: 1. at his dis- and last week the Golden Hill Paugussett (4) the conclusions and recommendations group in Connecticut was preliminarily cretion, if the Assistant Secretary and of the Secretary of Defense with regard to denied acknowledgment. BAR disagree regarding whether par- the feasibility and equitability of each alter- The delays petitioners face have led ticular criterion have been met in a pe- native considered. to understandable frustration: the In- tition; and 2. to provide outside peer

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A04FE6.084 S04PT1 February 4, 2003 CONGRESSIONAL RECORD — SENATE S1903 review and a second opinion on a pro- (3) to clarify evidentiary standards and ex- lage, or community that is not acknowl- posed final determination. pedite the administrative review process for edged. The board will give the Assistant petitions by— (14) INDIAN TRIBE.—The term ‘‘Indian Secretary greater assurance in the (A) establishing deadlines for decisions; tribe’’ has the meaning given the term in and section 4 of the Indian Self-Determination soundness of his determination, and (B) providing adequate resources to process and Education Assistance Act (25 U.S.C. will provide a more solid foundation petitions. 450b). for any later appellate review. SEC. 3. DEFINITIONS. (15) INTERESTED PARTY.— Finally, this bill will provide the cer- In this Act: (A) IN GENERAL.—The term ‘‘interested tainty of a statutory basis for the ac- (1) ACKNOWLEDGMENT.—The term ‘‘ac- party’’ means any person, organization, or knowledgment criteria that have been knowledgment’’, with respect to a deter- other entity that— used by the BAR since 1978. mination by the Assistant Secretary, means (i) establishes a legal, factual, or property interest in a determination of acknowledg- There appears to be widespread ac- acknowledgment by the United States that— (A) an Indian group is an Indian tribe hav- ment; and ceptance of the substantive validity of (ii) requests an opportunity to submit com- the criteria, but questions have been ing a government-to-government relation- ship with the United States; and ments or evidence, or to be kept informed of general actions, regarding a specific peti- raised regarding whether those criteria (B) the members of the Indian group are el- tion. should be codified. This bill answers igible for the programs and services provided (B) INCLUSIONS.—The term ‘‘interested that question definitively. by the United States to members of Indian party’’ includes— This bill addresses the criticisms of tribes because of the status of those mem- (i) the Governor of any State; bers as Indians. the FAP by increasing the trans- (ii) the Attorney General of any State; (2) ASSISTANT SECRETARY.—The term ‘‘As- parency, consistency and integrity of (iii) any unit of local government; and sistant Secretary’’ means the Assistant Sec- the process, and at the same time re- (iv) any Indian tribe, or Indian group, that retary for Indian Affairs of the Department. moves some of the bureaucratic hur- may be directly affected by a determination (3) AUTONOMOUS.—The term ‘‘autono- of acknowledgment. dles that have caused the process to be mous’’, with respect to an Indian group and (16) LETTER OF INTENT.—The term ‘‘letter too costly and time-consuming. in the context of the history, geography, cul- I urge my colleagues to support this of intent’’ means an undocumented letter or ture, and social organization of the Indian resolution that— important measure and ask unanimous group, means an Indian group that exercises (A) indicates the intent of an Indian group consent that a copy of the bill be print- the political influence or authority of the In- to submit a documented petition for Federal ed in the RECORD. dian group independently of the control of acknowledgment; I ask unanimous consent that the any other Indian group. (B) is dated and signed by the governing text of the bill be printed in the (4) BOARD.—The term ‘‘Board’’ means the body of the Indian group; and Independent Review and Advisory Board es- (C) is submitted to the Department. RECORD. tablished under section 6(a). There being no objection, the bill was (17) PETITIONER.—The term ‘‘petitioner’’ (5) BUREAU.—The term ‘‘Bureau’’ means means any Indian group that submits a let- ordered to be printed in the RECORD, as the Bureau of Indian Affairs. ter of intent to the Assistant Secretary. follows: (6) COMMUNITY.—The term ‘‘community’’ (18) PILOT PROJECT.—The term ‘‘pilot S. 297 means any group of people living within a project’’ means the Federal acknowledgment particular area that, in the context of the Be it enacted by the Senate and House of Rep- research pilot project established under sec- history, culture, and social organization of resentatives of the United States of America in tion 6(c). the group, and taking into account the geog- Congress assembled, (19) POLITICAL INFLUENCE OR AUTHORITY.— raphy of the region in which the group is lo- The term ‘‘political influence or authority’’, SECTION 1. SHORT TITLE. cated, is able to demonstrate that— with respect to the exercise or maintenance This Act may be cited as the ‘‘Federal Ac- (A) consistent interactions and significant by an Indian group, means the use by the In- knowledgment Process Reform Act of 2003’’. social relationships exist within the mem- dian group of a tribal council, leadership, in- SEC. 2. FINDINGS AND PURPOSES. bership; and ternal process, or other mechanism, in the (a) FINDINGS.—Congress finds that— (B) the members of the group are differen- context of the history, culture, and social or- (1) Indian tribes were sovereign govern- tiated from and identified as distinct from ganization of the Indian group, as a means mental entities before the establishment of nonmembers. of— the United States; (7) CONTINUOUS.—With respect to the his- (A) influencing or controlling the behavior (2) the United States has entered into and tory of a group, the term ‘‘continuous’’ of members of the Indian group in a signifi- ratified treaties with many Indian tribes for means the period beginning with calendar cant manner; the purpose of establishing government-to- year 1900 and continuing to the present time (B) making decisions for the Indian group government relationships between the substantially without interruption. that substantially affect members of the In- United States and the Indian tribes; (8) DEPARTMENT.—The term ‘‘Department’’ dian group; or (3) Federal court decisions have recognized means the Department of the Interior. (C) representing the Indian group in deal- the constitutional power of Congress to es- (9) DOCUMENTED PETITION.—The term ‘‘doc- ing with nonmembers in matters of con- tablish government-to-government relation- umented petition’’ means a petition for ac- sequence to the Indian group. ships with Indian tribes; knowledgment consisting of a detailed, fac- (20) SECRETARY.—The term ‘‘Secretary’’ (4) in 1970, President Nixon ended the ter- tual exposition and arguments, and related means the Secretary of the Interior. mination policy and inaugurated the policy documentary evidence, that specifically ad- (21) TREATY.—The term ‘‘treaty’’ means of Indian self-determination; dress requirements for acknowledgment es- any treaty— (5) in 1978— tablished by the Assistant Secretary under (A) negotiated and ratified by the United (A) the Secretary of the Interior delegated section 4(b). States on or before March 3, 1871, with, or on authority to the Assistant Secretary for In- (10) HISTORICAL PERIOD.—The term ‘‘histor- behalf of, any Indian group or Indian tribe; dian Affairs to establish a formal process by ical period’’ means the period beginning with (B) made by any government with, or on which the United States acknowledges an In- 1900 and continuing through the date of sub- behalf of, any Indian group or Indian tribe, dian tribe; and mission of a petition for acknowledgment as a result of which the Federal Government (B) the Bureau of Indian Affairs estab- under this Act. or the colonial government that was the lished the Branch of Acknowledgment and (11) HISTORY.—The term ‘‘history’’, with predecessor to the Federal Government sub- Research to carry out the Federal acknowl- respect to an Indian group or Indian tribe, sequently acquired territory by purchase, edgment process; and means the existence of the Indian group or conquest, annexation, or cession; or (6) the Federal acknowledgment process Indian tribe during the historical period. (C) negotiated by the United States with, was intended to provide the Assistant Sec- (12) INDEPENDENT RESEARCH INSTITUTION.— or on behalf of, any Indian group in Cali- retary with an informed and well-researched The term ‘‘independent research institution’’ fornia, regardless of whether the treaty was basis for making any decision to acknowl- means an academic or museum institution subsequently ratified. edge an Indian tribe. that— (22) TRIBAL ROLL.—The term ‘‘tribal roll’’ (b) PURPOSES.—The purposes of this Act (A) employs significant resources toward means a list exclusively of individuals who— are— the study of anthropology and other human (A)(i) have been determined by an Indian (1) to ensure that, in any case in which the sciences that are commonly used in review- tribe to meet the membership requirements United States acknowledges an Indian tribe, ing petitions for acknowledgment; and of the Indian tribe, as described in the gov- it does so with a consistent legal, factual, (B) could readily detail those resources to erning document of the Indian tribe; or and historical basis; assist the Assistant Secretary in reviewing (ii) in the absence of a governing document (2) to provide clear and consistent stand- those petitions. that describes those requirements, have been ards to review documented petitions for ac- (13) INDIAN GROUP.—The term ‘‘Indian recognized as members of the Indian tribe by knowledgment; and group’’ means any Indian band, pueblo, vil- the governing body of the Indian tribe; and

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A04FE6.090 S04PT1 S1904 CONGRESSIONAL RECORD — SENATE February 4, 2003 (B) have affirmatively demonstrated con- tioned for, and was denied or refused, ac- necessary to carry out this subsection is sent to being listed as members of the Indian knowledgment based on the merits of the pe- lacking, the lack of evidence shall not be the tribe. tition (except that nothing in this subpara- basis for a determination of the Assistant SEC. 4. ACKNOWLEDGMENT PROCESS. graph excludes any group that Congress has Secretary not to acknowledge a petitioner if (a) LETTER OF INTENT.— identified as an Indian group but has not the Assistant Secretary determines that the (1) IN GENERAL.—An Indian group that de- identified as an Indian tribe). lack of evidence may be attributed to— sires to initiate with the Department a peti- (D) Any Indian group the relationship of (A) any applicable official act of the Fed- tion for acknowledgment shall submit to the which with the Federal Government was ex- eral Government or a State government; or Assistant Secretary a letter of intent that pressly terminated by an Act of Congress. (B) any applicable unofficial act of an offi- (c) NOTICE OF RECEIPT OF A PETITION; provides to the Assistant Secretary relevant cer or agent of the Federal Government or a SCHEDULE.— information concerning the Indian group State government. (1) PUBLICATION.— that may be used to provide notice to inter- (e) FINAL DETERMINATION.— (A) IN GENERAL.—Not later than 30 days ested parties. (1) IN GENERAL.—On review of all evidence after the date on which the Assistant Sec- (2) CONTENTS.—The Indian group shall in- submitted under section 5 and this section retary receives a documented petition under clude in the letter of intent, to the max- and the results of research conducted under subsection (b), the Assistant Secretary shall imum extent practicable— section 5 and this section by the Assistant publish in the Federal Register a notice of (A) the current name of the Indian group Secretary (including through the pilot receipt of the petition. and any name by which the Indian group project or the Board), and after providing a (B) INCLUSIONS.—The notice shall include— may have been identified throughout the his- petitioner an opportunity to respond to pro- (i) the name and location of the petitioner; posed findings of the Assistant Secretary tory of the Indian group; (ii) such other information as the Assist- (B) the 1 or more names of the governing against acknowledgment, the Assistant Sec- ant Secretary determines will identify the retary shall make a final determination in body of the Indian group; petitioner; (C) the current address of the governing writing whether the petitioner is entitled to (iii) the date of receipt of the petition; acknowledgment. body of the Indian group; and (iv) information describing 1 or more loca- (D) a brief narrative of the history of the (2) FACTS AND CONCLUSIONS.—A final deter- tions at which a copy of the petition and re- mination under paragraph (1) shall include Indian group describing— lated submissions may be examined by the (i) the geographic areas in which the In- all facts and conclusions of law in accord- public; and ance with which the final determination was dian group may have been located during (v) a description of the procedure by which made. that history; and an interested party may submit— (3) NOTIFICATION OF ACKNOWLEDGMENT.—If (ii) any relationships of the Indian group (I) evidence in support of or in opposition the Assistant Secretary determines under with other Indian tribes or Indian groups. to the request of the petitioner for acknowl- paragraph (1) that a petitioner is entitled to (3) NOTICE.—Not later than 90 days after edgment; or acknowledgment, the Assistant Secretary the date of receipt of a letter of intent from (II) a request to be kept informed of all ac- shall— an Indian group, the Assistant Secretary tions affecting the petition. (A) acknowledge the petitioner; shall notify the Indian group and interested (2) SCHEDULE.—Not later than 60 days after (B) notify the petitioner and any inter- parties whether the letter of intent reason- the date of publication of a notice under ably identifies the Indian group. paragraph (1)(A), the Assistant Secretary ested parties of the final determination to (b) REQUIREMENTS FOR PETITIONS.— shall establish a schedule for— acknowledge the petitioner; (1) EVIDENCE.— (A) the submission of evidence and argu- (C) provide to the petitioner and any inter- (A) IN GENERAL.—Except as provided in ments relating to the petition; and ested parties a copy of the final determina- paragraph (2), on or after filing a letter of in- (B) the publication of proposed findings of tion; and tent, an Indian group that seeks acknowledg- the Assistant Secretary with respect to the (D) not later than 7 days after notifying ment shall submit to the Assistant Sec- petition. the petitioner and any interested parties retary a petition accompanied by evidence (d) REVIEW OF PETITIONS.— under subparagraph (B), publish in the Fed- that demonstrates the existence of the In- (1) IN GENERAL.—On receipt of a docu- eral Register a notice of the final determina- dian group during the historical period. mented petition, the Assistant Secretary, in tion of acknowledgment. (B) EVIDENCE RELATING TO HISTORICAL EX- accordance with the schedule established (f) JUDICIAL REVIEW.— ISTENCE.—To establish the existence of an In- under subsection (c)(2), shall— (1) IN GENERAL.—Not later than 60 days dian group during the historical period, a pe- (A) conduct a review to determine whether after the date of publication of the notice of tition shall include evidence that dem- the petitioner is entitled to acknowledg- a final determination described in subsection onstrates with reasonable likelihood that ment; and (e)(3)(D), a petitioner may seek judicial re- each factor described in section 5 with re- (B) publish in the Federal Register the pro- view of the final determination by the spect to the petition has been achieved by posed findings of the Assistant Secretary United States District Court for the District the petitioner. with respect to that determination. of Columbia. (C) ACCESS TO LIBRARY OF CONGRESS AND (2) CONTENT OF REVIEW.—The review con- (2) STATEMENT OF INTENT.—It is the intent NATIONAL ARCHIVES.—On request by a peti- ducted under paragraph (1) shall include con- of Congress that, in accordance with Federal tioner, the appropriate officials of the Li- sideration of— law relating to interpretations of treaties brary of Congress and the National Archives (A) the petition; and Acts of Congress affecting the rights, shall permit access by the petitioner to the (B) any supporting evidence; and powers, privileges, and immunities of Indian resources, records, and documents relating (C) any factual statements contained in tribes, any ambiguity in this Act be liberally to the petitioner for the purposes of con- the petition relating to other submissions, construed in favor of an Indian group or In- ducting research and preparing evidence con- including oral accounts of the history of the dian tribe. cerning the status of the petitioner. petitioner submitted by the petitioner. (g) AUTHORIZATION OF APPROPRIATIONS.— (2) INELIGIBLE GROUPS AND ENTITIES.—The (3) CONSIDERATION OF EVIDENCE.—Evidence There is authorized to be appropriated to following groups and entities shall not be eli- received from interested parties under sub- carry out this section $5,000,000 for each of gible to submit to the Assistant Secretary a section (c)(1)(B)(v)(I) shall be— fiscal years 2004 through 2013. petition for acknowledgment under this Act: (A) considered by the Assistant Secretary; SEC. 5. DOCUMENTED PETITIONS. (A) Any Indian tribe, organized band, pueb- and (a) FACTORS FOR CONSIDERATION.—A peti- lo, community, or Alaska Native entity that, (B) noted in any final determination re- tion for acknowledgment submitted by an as of the date of enactment of this Act, is ac- garding a petition. Indian group shall be in any readable form knowledged. (4) OTHER RESEARCH.—In conducting a re- that— (B) Any Indian group, political faction, or view under this subsection, the Assistant (1) clearly indicates that the petition is a community that separates from the main Secretary may— documented petition requesting acknowledg- population of an Indian tribe, unless the In- (A) initiate other research for any purpose ment of the Indian group; and dian group, faction, or community estab- relating to— (2) contains detailed, specific evidence as lishes to the satisfaction of the Assistant (i) analysis of the petition; or described in subsections (b) through (g). Secretary that the Indian group, political (ii) the acquisition of additional informa- (b) STATEMENT OF FACTS RELATING TO IDEN- faction, or community has functioned as an tion concerning the status of the petitioner; TITY.— autonomous Indian group throughout the (B) initiate research through the pilot (1) IN GENERAL.—A petition described in historical period. project or the Board; and subsection (a) shall contain a statement of (C) Any Indian group, or successor in inter- (C) consider evidence submitted by inter- facts and an analysis of those facts estab- est of an Indian group (other than an Indian ested parties, including oral accounts of the lishing that the petitioner has been identi- tribe, organized band, pueblo, community, or history of the petitioner submitted by other fied as an Indian group in the United States Alaska native entity described in subpara- Indian tribes. on a substantially continuous basis. graph (A)), that, before the date of enact- (5) EXCEPTION FOR LACK OF CERTAIN EVI- (2) PREVIOUS DENIALS OF STATUS.—The As- ment of this Act, in accordance with regula- DENCE.—If the Assistant Secretary deter- sistant Secretary shall not consider any evi- tions promulgated by the Secretary, peti- mines that, for any period of time, evidence dence that the status of the petitioner as an

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A04FE6.091 S04PT1 February 4, 2003 CONGRESSIONAL RECORD — SENATE S1905 Indian group has previously been denied to (H) The persistence of a named, collective ity if the petitioner demonstrates that deci- be conclusive evidence that the factor de- Indian identity during a continuous period of sions by leaders of the petitioner (or deci- scribed in paragraph (1) has not been met. at least 50 years, notwithstanding any sions made through another decisionmaking (3) EVIDENCE RELATING TO IDENTITY.—In de- change in name. process) have been made throughout the his- termining the Indian identity of a group, the (I) A demonstration of historical political torical period with respect to— Assistant Secretary may use as evidence 1 or influence or authority of the petitioner. (A) the allocation of group resources such more of the following: (J) A demonstration that not less than 50 as land, residence rights, or similar re- (A) An identification of the petitioner as percent of the members of the petitioner ex- sources on a consistent basis; an Indian entity by any department, agency, hibit collateral kinship ties through genera- (B) the settlement on a regular basis, by or instrumentality of the Federal Govern- tions to the third degree. mediation or other means, of disputes be- ment. (3) CRITERIA FOR SUFFICIENT EVIDENCE.— tween members or subgroups of members of (B) A relationship between the petitioner The Assistant Secretary shall consider a pe- the petitioner (such as clans or lineages); and any State government, based on an iden- titioner to have provided sufficient evidence (C) the exertion of strong influence on the tification of the petitioner by the State as of community under this subparagraph if the behavior of individual members of the peti- an Indian entity. petitioner has provided to the Assistant Sec- tioner, such as the establishment or mainte- (C) Any dealings of the petitioner with a retary evidence demonstrating that, nance of norms and the enforcement of sanc- county or political subdivision of a State in throughout the historical period— tions to direct or control behavior; or a relationship based on an identification of (A)(i) more than 50 percent of the members (D) the organization or influencing of eco- the petitioner as an Indian group. of the petitioner reside in a particular geo- nomic subsistence activities among the (D) An identification of the petitioner as graphical area exclusively, or almost exclu- members of the petitioner, including shared an Indian group by records in a private or sively, composed of members of the group; or cooperative labor. public archive, courthouse, church, or and (e) GOVERNING DOCUMENT.— school. (ii) the balance of the membership main- (1) IN GENERAL.—A petition described in (E) An identification of the petitioner as tains consistent social interaction with subsection (a) shall include a copy of the an Indian group by an anthropologist, histo- other members of the petitioner; governing document of the petitioner in ef- rian, or other scholar. (B) not less than 1⁄3 of the marriages of the fect as of the date of submission of the peti- (F) An identification of the petitioner as petitioner are between members of the peti- tion that includes a description of the mem- an Indian group in a newspaper, book, or tioner; bership criteria of the petitioner. similar medium. (C) not less than 50 percent of the members (2) ALTERNATIVE STATEMENT.—If no written (G) An identification of the petitioner as of the petitioner maintain distinct cultural governing document described in paragraph an Indian group by an Indian tribe or by a patterns, including language, kinship, and (1) exists, a petitioner shall include with a national, regional, or State Indian organiza- religious organizations, or religious beliefs petition described in subsection (a) a de- tion. or practices; tailed statement that describes— (H) An identification of the petitioner as (D) distinct community social institutions (A) the membership criteria of the peti- an Indian group by a foreign government or (such as kinship organizations, formal or in- tioner; and an international organization. formal economic cooperation, and religious (B) the governing procedures of the peti- (I) Such other evidence of identification as organizations) encompass at least 50 percent tioner in effect as of the date of submission may be provided by a person or entity other of the members of the petitioner; or of the petition. than the petitioner or a member of the mem- (E) the petitioner has met the requirement (f) LIST OF MEMBERS.— bership of the petitioner. under subsection (d)(1) using evidence de- (1) IN GENERAL.—A petition described in (c) STATEMENT OF FACTS RELATING TO EVI- scribed in subsection (d)(2). subsection (a) shall include— DENCE OF COMMUNITY.— (d) STATEMENT OF FACTS RELATING TO AU- (A) a list of all members of the petitioner (1) IN GENERAL.—A petition described in TONOMOUS NATURE OF PETITIONER.— as of the date of submission of the petition subsection (a) shall include a statement of (1) IN GENERAL.—A petition described in that includes for each member— facts and an analysis of those facts estab- subsection (a) shall include a statement of (i) a full name (and maiden name, if any); lishing that a predominant portion of the facts and an analysis of those facts estab- (ii) a date and place of birth; and membership of the petitioner— lishing that the petitioner has maintained (iii) a current residential address; (A) comprises a community distinct from political influence or authority over mem- (B) a copy of each available former list of the communities surrounding that commu- bers of the petitioner throughout the histor- members of the petitioner; and nity; and ical period. (C) a statement describing the methods (B) has existed as a community throughout (2) EVIDENCE RELATING TO AUTONOMOUS NA- used in preparing those lists. the historical period. TURE.—In determining whether a petitioner (2) REQUIREMENTS FOR MEMBERSHIP.—In de- (2) EVIDENCE RELATING TO COMMUNITY.—In is an autonomous entity under paragraph (1), termining whether to consider the members determining whether the membership of the the Assistant Secretary may use as evidence of a petitioner to be members of an Indian petitioner meets the requirements of para- 1 or more of the following: group for the purpose of a petition described graph (1), the Assistant Secretary may use (A) A demonstration that the petitioner is in subparagraph (A), the Assistant Secretary as evidence 1 or more of the following: capable of mobilizing significant numbers of shall require that the membership consist of (A) Significant rates of marriage within members and significant member resource descendants of— the membership of the petitioner, or, as may for purposes relating to the petitioner. (A) an Indian group that existed during the be culturally required, patterned out-mar- (B) Evidence that most of the members of historical period; or riages with other Indian populations. the petitioner consider actions taken by (B) 1 or more Indian groups that, at any (B) Significant social relationships con- leaders or governing bodies of the petitioner time during the historical period, combined necting individual members of the peti- to be of personal importance. and functioned as a single autonomous enti- tioner. (C) Evidence that there is widespread ty. (C) Significant rates of informal social knowledge, communication, and involve- (3) EVIDENCE OF TRIBAL MEMBERSHIP.—In interaction that exist broadly among the ment in political processes of the petitioner making the determination under paragraph members of the petitioner. by a majority of the members of the peti- (2), the Assistant Secretary may use as evi- (D) A significant degree of shared or coop- tioner. dence 1 or more of the following: erative labor or other economic activity (D) Evidence that the petitioner meets the (A) Tribal rolls prepared by the Secretary among the membership of the petitioner. requirement of subsection (c)(1) at more for the petitioner for the purpose of distrib- (E) Evidence of strong patterns of discrimi- than a minimal level. uting claims money or providing allotments, nation or other social distinctions against (E) A demonstration by the petitioner that or for other any other purpose. members of the petitioner by nonmembers. there are conflicts within the membership (B) Any Federal, State, or other official (F) Shared sacred or secular ritual activity that demonstrate controversy over valued record or evidence identifying members of encompassing a majority of members of the goals, properties, policies, processes, or deci- the petitioner as of the date of submission of petitioner. sions of the petitioner. the petition, or ancestors of those members, (G) Cultural patterns that— (F) A demonstration or description by the as being descendants of an Indian group de- (i) are shared among a significant portion petitioner of— scribed in subparagraph (A) or (B) of para- of the members of the petitioner; (i) a continuous line of leaders of the peti- graph (2). (ii) are different from the cultural patterns tioner; and (C) Any church, school, or other similar of the non-Indian populations with whom the (ii) the means by which a majority of the enrollment record identifying members of membership of the petitioner interacts; members of the petitioner selected, or ap- the petitioner as of the date of submission of (iii) function as more than a symbolic proved the selection of, those leaders. the petition, or ancestors of those members, identification of the petitioner as Indian; (3) EVIDENCE OF EXERCISE OF POLITICAL IN- as being descendants of an Indian group de- and FLUENCE OR AUTHORITY.—The Assistant Sec- scribed in subparagraph (A) or (B) of para- (iv) may include language, kinship, or reli- retary shall consider a petitioner to have graph (2). gious organizations, or religious beliefs and provided sufficient evidence to demonstrate (D) An affidavit of recognition by tribal el- practices. the exercise of political influence or author- ders, tribal leaders, or a tribal governing

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A04FE6.091 S04PT1 S1906 CONGRESSIONAL RECORD — SENATE February 4, 2003 body identifying members of the petitioner or during the 1-year period preceding the (i) a petition (including related evidence or as of the date of submission of the petition, date of appointment, have represented, or documents); or or ancestors of those members, as being de- conducted research for, any Indian group or (ii) a legal argument in support of or in op- scendants of an Indian group described in interested party with respect to a petition position to a petition. subparagraph (A) or (B) of paragraph (2). for acknowledgment filed, or intended to be (B) LIMITATION.—In making grants under (E) Any other record or evidence based on filed, with the Assistant Secretary. subparagraph (A), the Assistant Secretary firsthand experience of a historian, anthro- (D) STATUS AS EMPLOYEES.—A member of shall ensure that not less than 50 percent of pologist, or genealogist with established ex- the Board shall not be considered to be an the amounts made available for the grants pertise on the petitioner or Indian entities in employee of the Department. are reserved for petitioners. general, identifying members of the peti- (3) TENURE; REIMBURSEMENT.— (2) ELIGIBILITY.—The Assistant Secretary tioner as of the date of submission of the pe- (A) TENURE.—A member of the Board— shall provide a grant under paragraph (1) tition, or ancestors of those members, as (i) shall be appointed for an initial term of based on a demonstration of need of a peti- being descendants of an Indian group de- 2 years; and tioner or an interested party that is evalu- scribed in subparagraph (A) or (B) of para- (ii) may be reappointed for such additional ated using such objective criteria as the Sec- graph (2). terms as the Assistant Secretary determines retary may promulgate by regulation. (g) EXCEPTIONS.— to be appropriate. (3) OTHER ASSISTANCE.—A grant made to an (1) IN GENERAL.—An Indian group described (B) REIMBURSEMENT.—A member of the Indian group under paragraph (1) shall be in in paragraph (2) shall be required to provide Board shall be reimbursed for reasonable ex- addition to any other assistance received by evidence for a petition for acknowledgment penses incurred in assisting the Assistant the Indian group under any other provision submitted under this section only with re- Secretary under this section, in accordance of law. spect to the period— with Department policy regarding reim- (4) AUTHORIZATION OF APPROPRIATIONS.— (A) beginning on the date on which the De- bursement of expenses for individuals serv- There are authorized to be appropriated to partment first notifies the Indian group that ing as advisory board or committee mem- carry out this subsection such sums as are the Indian group is not eligible for Federal bers. necessary for each of fiscal years 2004 services or programs because of a lack of sta- (4) REVIEW AND ADVICE.— through 2014. tus as an Indian tribe; and (A) BEFORE ISSUANCE OF PROPOSED FIND- (c) FEDERAL ACKNOWLEDGMENT RESEARCH (B) ending on the date of submission of the INGS.—At any time before the date of PILOT PROJECT.— (1) ESTABLISHMENT.—The Assistant Sec- petition. issuance of proposed findings under section retary shall establish a Federal acknowledg- (2) INDIAN GROUP.—An Indian group re- 4(d)(1)(B) with respect to a petition for ac- ment research pilot project to make avail- ferred to in this paragraph is an Indian group knowledgment under review by the Assistant able additional research resources for re- that demonstrates by a reasonable likelihood Secretary, the Assistant Secretary may re- searching, reviewing, and analyzing petitions of the validity of the evidence that the In- quest an opinion from the Board with respect for acknowledgment received by the Assist- dian group was, or is a successor in interest to the petition if the Assistant Secretary de- ant Secretary. to— termines that— (2) COMPOSITION.— (A) a party to 1 or more treaties; (i) the petition contains 1 or more evi- dentiary submissions that raise unique (A) IN GENERAL.—The Assistant Secretary, (B) a group acknowledged by any agency of issues or matters of first impression relating in consultation with the Secretary of the the Federal Government as eligible to par- to 1 or more requirements described in sec- Smithsonian Institution, shall identify a va- ticipate in a project or activity under the tion 5; or riety of independent research institutions Act of June 18, 1934 (commonly known as the (ii) the Assistant Secretary is unable to de- that have the academic and research facili- ‘‘Indian Reorganization Act’’) (25 U.S.C. 461 termine the sufficiency of evidence for 1 or ties capable of assisting in the review of peti- et seq.); more of those requirements. tions described in paragraph (1). (C) a group— (B) AFTER ISSUANCE OF PROPOSED FIND- (B) PROPOSALS.—The Assistant Secretary (i) for the benefit of which the United INGS.—After issuance by the Assistant Sec- shall— States took land into trust; or retary of proposed findings under section (i) invite each institution identified under (ii) that has been treated by the Federal 4(d)(1)(B), but before issuance of the final de- subparagraph (A) to submit to the Assistant Government as having collective rights in termination, with respect to a petition, the Secretary a proposal for participation in the tribal land or funds; or Assistant Secretary shall request a review pilot project; and (D) a group that has been designated as an by the Board of the proposed findings. (ii) approve not more than 3 proposals sub- Indian tribe by an Act of Congress or Execu- (C) LEVEL OF REVIEW.— mitted under clause (i). tive order. (i) IN GENERAL.—The Board shall conduct a (C) GRANTS.—The Assistant Secretary may SEC. 6. ADDITIONAL RESOURCES. review requested under subparagraph (B) to provide a grant to each institution the pro- (a) INDEPENDENT REVIEW AND ADVISORY determine whether an evidentiary question posal of which is approved under subpara- BOARD.— or deficiency exists with respect to 1 or more graph (B)(ii) to assist the institution in par- (1) IN GENERAL.—The Assistant Secretary requirements relating to a petition. ticipating in the pilot project. shall establish the Independent Review and (ii) LIMITATION BY ASSISTANT SECRETARY OF (3) DUTIES.—Each institution approved to Advisory Board— SCOPE OF REVIEW.—In requesting a review participate in the pilot project shall assem- (A) to assist the Assistant Secretary in ad- under subparagraph (B), the Assistant Sec- ble and provide a research team that, under dressing unique evidentiary questions relat- retary may restrict the scope of the review the direction of the Assistant Secretary, ing to the acknowledgment process; to address fewer than all matters with re- shall— (B) to provide secondary peer review of ac- spect to a petition. (A) review submissions described in para- knowledgment determinations by the Assist- (iii) LIMITATION BY BOARD OF SCOPE OF RE- graph (1); and ant Secretary; and VIEW.—In carrying out a review under sub- (B) submit to the Assistant Secretary con- (C) to enhance the credibility of the ac- paragraph (B), the Board, in accordance with clusions and recommendations of the re- knowledgment process as perceived by Con- all applicable professional standards of the search team that are based on the submis- gress, petitioners, interested parties, and the members of the Board, may— sions reviewed. public. (I) confine the review to— (4) USE OF CONCLUSIONS.—The Assistant (2) NUMBER AND QUALIFICATIONS.— (aa) the evidence submitted; or Secretary may take into consideration any (A) IN GENERAL.—The Board shall be com- (bb) the proposed findings issued under sec- conclusions and recommendations of a re- posed of 9 individuals appointed by the As- tion 4(d)(1)(B); search team in making a determination of sistant Secretary, of whom— (II) extend the review to the evidence sub- acknowledgment under this Act. (i) at least 3 individuals shall have a doc- mitted by petitioners and interested parties; (5) REPORT.—Not later than 3 years after toral degree in anthropology; (III) request that the Assistant Secretary the date of enactment of this Act, the Assist- (ii) at least 3 individuals shall have a doc- request additional submissions by peti- ant Secretary shall submit to Congress a re- toral degree in genealogy; tioners or interested parties; and port that describes the effectiveness of the (iii) at least 2 individuals shall have a doc- (IV) recommend that the Assistant Sec- pilot project. tor of jurisprudence degree; and retary hold a formal or informal administra- (6) AUTHORIZATION OF APPROPRIATIONS.— (iv) at least 1 individual shall be qualified tive proceeding at which the Board may There is authorized to be appropriated to as a historian, as determined by the Assist- present questions to, and seek additional in- carry out this subsection $3,000,000 for each ant Secretary. formation from, petitioners and interested of fiscal years 2004 through 2006. (B) PREFERENCE.—In making appointments parties. SEC. 7. INAPPLICABILITY OF FOIA. under subparagraph (A), the Assistant Sec- (b) ASSISTANCE TO PETITIONERS AND INTER- (a) IN GENERAL.—Section 552 of title 5, retary shall give preference to individuals ESTED PARTIES.— United States Code (commonly known as the having an academic background or profes- (1) GRANTS.— ‘‘Freedom of Information Act’’), shall not sional experience in Federal Indian policy or (A) IN GENERAL.—Subject to paragraph (2), apply to any action of the Assistant Sec- American Indian history. the Assistant Secretary may provide to a pe- retary with respect to a petition for ac- (C) CONFLICTS OF INTEREST.—No member of titioner or interested party a grant to offset knowledgment under this Act, and the As- the Board shall, at the time of appointment costs incurred in submitting— sistant Secretary shall have no obligation to

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A04FE6.091 S04PT1 February 4, 2003 CONGRESSIONAL RECORD — SENATE S1907 provide all or any portion of a petition, or to tribe concerning, develop in cooperation had been killed in combat zones. The provide information regarding the contents with the newly-acknowledged Indian tribe, benefits include income tax relief, an of a petition, to any person or entity, until and forward to the Secretary or the Sec- exclusion of death benefit payments, such time as— retary of Health and Human Services, as ap- estate tax relief and a streamlining of (1) the petition has been fully documented; propriate— and (A) a determination of the needs of the In- the rules governing the distribution of (2) the Assistant Secretary has published a dian tribe; and funds by charitable organizations. notice in accordance with section 4(c)(1)(A). (B) a recommended budget required to I believe the families of the heroes of (b) EXCEPTION.—The restriction under sub- serve the Indian tribe. the Columbia Shuttle mission, and fam- section (a) on the provision of information (2) SUBMISSION OF BUDGET REQUEST.—For ilies of astronauts that may be lost in contained in or relating to a petition shall each fiscal year, the Secretary or the Sec- the future, deserve no less. not apply to any formal or informal request retary of Health and Human Services, as ap- Military or civilian employees of the made or subpoena issued by a law enforce- propriate, shall submit to the President a ment agency of the United States. U.S. who die as a result of terrorist or recommended budget for programs and serv- military activity outside the U.S., vic- (c) ASSISTANCE FROM ATTORNEY GEN- ices provided by the United States to mem- ERAL.— bers of Indian tribes because of the status of tims of the terrorist attacks of 9/11, of (1) IN GENERAL.—The Secretary may re- those members as Indians (including funding the Oklahoma City bombing and of the quest assistance from the Attorney General recommendations for newly-acknowledged post-9/11 anthrax attacks, are generally in responding to requests for information re- Indian tribes based on the information re- exempt from income tax for the year of lating to a petition made in accordance with ceived under paragraph (1)) for inclusion in death and the year prior to death. For section 552 of title 5, United States Code. the annual budget submitted by the Presi- (2) AUTHORIZATION OF APPROPRIATIONS.— those that have little income tax li- dent to Congress in accordance with section ability, a minimum tax relief benefit of There is authorized to be appropriated to the 1108 of title 31, United States Code. Attorney General to provide assistance re- $10,000 is provided. quested under this subsection $1,000,000 for SEC. 9. REGULATIONS. Current law exempts from income each of fiscal years 2004 through 2008. The Secretary may— tax certain death benefits paid by the (1) promulgate such regulations as are nec- SEC. 8. EFFECT AND IMPLEMENTATION OF DECI- essary to carry out this Act; and U.S. government to soldiers killed in SIONS. the line of duty. The law also generally (a) IN GENERAL.—The acknowledgment of (2) maintain in effect all regulations con- any petitioner under this Act shall not re- tained in part 83 of title 25, Code of Federal excludes from income payments made duce or eliminate— Regulations (or any successor regulations), by an employer to the families of the (1) the right of any other Indian tribe to that are not inconsistent with this Act. victims of the terrorist attack of 9/11, govern the reservation of that other tribe (as Oklahoma City and the anthrax at- the reservation exists before, on, or after the By Mr. BAUCUS (for himself, Ms. tacks. The exclusion does not apply to date of acknowledgment of the petitioner); CANTWELL, Mrs. MURRAY, Mrs. amounts that would have been payable (2) any property right held in trust or rec- CLINTON, Mr. HARKIN, Mr. KOHL, if the individual had died for a reason ognized by the United States for the other Mr. WARNER, Mr. ALLEN, Mr. other than the attack. Indian tribe (as that property right existed FEINGOLD, Mr. SCHUMER, and Current law also provides a reduction before the date of acknowledgment of the pe- Mr. GRASSLEY): in Federal estate tax for soldiers who titioner); or S. 298. A bill to provide tax relief and (3) any previously or independently exist- are killed in action while serving in a ing claim by a petitioner to any property assistance for the families of the he- combat zone, or as a result of wounds, right described in paragraph (2) held in trust roes of the Space Shuttle Columbia, and disease or injury suffered while serving by the United States for the other Indian for other purposes; to the Committee in the combat zone. Comparable bene- tribe before the date of acknowledgment of on Finance. fits are also provided to the victims of the petitioner. Mr. BAUCUS. Mr. President, Satur- 9/11, Oklahoma City and the anthrax (b) ELIGIBILITY FOR SERVICES AND BENE- day, February 1 was a sad day for attacks. The amount of benefit is equal FITS.— America, and a sad day for the world. (1) IN GENERAL.—Subject to paragraph (2), to 125 percent of the 2001 State death on acknowledgment by the Assistant Sec- In the blink of an eye, we lost the tax credit amount, which effectively retary of a petitioner under this Act, the cream of our astronaut corps when the establishes a 20 percent estate tax newly-acknowledged Indian tribe shall— Space Shuttle Columbia disintegrated bracket for those who qualify for this (A) have a government-to-government re- upon re-entry into the Earth’s atmos- benefit. lationship with the United States; phere. And finally, we have a streamlined (B) be eligible for the programs and serv- Our Nation and the world mourns the process for the distribution of chari- ices provided by the United States to mem- loss of these heroes: Lt. Col. Michael P. table donations to the families of the bers of other Indian tribes because of the sta- Anderson, U.S. Navy Capt. David tus of those members as Indians; and victims of 9/11, Oklahoma City and the (C) have the responsibilities, obligations, Brown, U.S. Navy Commander Laurel anthrax attacks. The key element of privileges, and immunities of those other In- Clark, Dr. Kalpana Chawla, U.S. Air this process allows organizations that dian tribes. Force Col. Rick Husband, Naval Com- make payments in good faith using a (2) PROGRAMS OF THE BUREAU.— mander William McCool, and Israeli reasonable and objective formula (A) IN GENERAL.—The acknowledgment by Air Force Colonel Ilan Ramon. The which is consistently applied not to the Assistant Secretary of an Indian group loved ones they left behind mourn the make a specific assessment of need under this Act shall not establish any imme- loss of fathers and mothers, sons and prior to distributing funds so long as diate entitlement to participation in any daughters, sisters, brothers, and program of the Bureau in existence as of the the payments serve a charitable class. date of acknowledgment. friends. My legislation, the Assistance for (B) AVAILABILITY OF PROGRAMS.— We have a duty to those who lost Families of Space Shuttle Heroes Act, (i) IN GENERAL.—Participation in a pro- their lives for the advancement of makes all of the above benefits avail- gram described in subparagraph (A) shall be science and increasing our knowledge able to the families of the fallen Colum- available to an Indian tribe described in of the world we live in: a duty first to bia crew, as well as to other astronauts paragraph (1) at such time as funds are made find out what went wrong and make that may be killed in the line of duty available for that purpose. sure it never goes wrong again, a duty in future years. (ii) REQUESTS FOR APPROPRIATIONS.—The to take up where they left off and con- Secretary and the Secretary of Health and The seven members of the Columbia Human Services shall submit budget re- tinue exploring the unknowns of the crew were true heroes. They are deeply quests for funding for increased participation universe, and just as importantly, a missed by their family and friends. in a program described in subparagraph (A) duty to help take care of the loved ones Through their dedication to space ex- in accordance with subsection (c). they left behind. ploration, they lived their lives to the (c) NEEDS DETERMINATION AND BUDGET RE- After the horrible day of terrorist at- fullest and made long-lasting contribu- QUEST.— tacks on September 11, 2001, Congress tions to the nation and to the world. (1) IN GENERAL.—Not later than 180 days paid tribute to the lives lost in those after a petitioner is acknowledged under this Tax relief will never fill the hole that Act, the appropriate officials of the Bureau attacks, and in the bombing in Okla- has been left in the lives and hearts of and the Indian Health Service of the Depart- homa City and the anthrax attacks, by their families by Saturday’s explosion. ment of Health and Human Services shall expanding certain tax benefits pre- But astronauts have trouble obtain- consult with the newly-acknowledged Indian viously only available to soldiers who ing private life insurance policies given

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A04FE6.091 S04PT1 S1908 CONGRESSIONAL RECORD — SENATE February 4, 2003 the high-risk nature of their jobs, so (2) CLERICAL AMENDMENTS.— and air travel is accessible only in the their families face an uncertain future (A) The heading of section 2201 of such County’s two largest towns, each of even as they mourn the loss of loved Code is amended by inserting ‘‘, DEATHS OF which has less than 10,000 people. ones that will never be replaced. This ASTRONAUTS,’’ after ‘‘FORCES’’. As profound as this geographic isola- legislation is especially critical for (B) The item relating to section 2201 in the tion may seem, it is the economic iso- table of sections for subchapter C of chapter their future. It is one small step we can 11 of such Code is amended by inserting ‘‘, lation and out-migration that has had make as Americans to help these fami- deaths of astronauts,’’ after ‘‘Forces’’. the most devastating impact on the re- lies get through these dark days, and (3) EFFECTIVE DATE.—The amendments gion. The economy of northern Maine the challenges they will face in the made by this subsection shall apply to es- has a historical dependence upon its years to come. tates of decedents dying after December 31, natural resources, particularly forestry I ask unanimous consent that the 2002. and agriculture. While these industries text of the bill be printed in the (d) PAYMENTS BY CHARITABLE ORGANIZA- served the region well in previous dec- TIONS.— RECORD. ades, and continue to form the There being no objection, the bill was (1) IN GENERAL.—For purposes of the Inter- nal Revenue Code of 1986— underpinnings of the local economy, ordered to be printed in the RECORD, as (A) payments made by an organization de- many of these sectors have experienced follows: scribed in section 501(c)(3) of such Code by decline and can no longer provide the S. 298 reason of the death of an astronaut occur- number and type of quality jobs that Be it enacted by the Senate and House of Rep- ring in the line of duty after December 31, residents need. The decline in the re- resentatives of the United States of America in 2002, shall be treated as related to the pur- Congress assembled, gion’s economy was further punctuated pose or function constituting the basis for by the closure of Loring Air Force Base SECTION 1. SHORT TITLE. such organization’s exemption under section This Act may be cited as the ‘‘Assistance 501 of such Code if such payments are made in Limestone in 1994. The Maine State for Families of Space Shuttle Columbia He- in good faith using a reasonable and objec- Planning Office estimated that the roes Act’’. tive formula which is consistently applied; base closure resulted in the loss of 3,494 SEC. 2. TAX RELIEF AND ASSISTANCE FOR FAMI- and jobs directly related to the base and LIES OF SPACE SHUTTLE COLUMBIA (B) in the case of a private foundation (as another 1,751 in associated industry HEROES. defined in section 509 of such Code), any pay- sectors, for a total loss of $106.9 million (a) INCOME TAX RELIEF.— ment described in paragraph (1) shall not be (1) IN GENERAL.—Subsection (d) of section annual payroll dollars. treated as made to a disqualified person for 692 of the Internal Revenue Code of 1986 (re- While officials in the region have put purposes of section 4941 of such Code. lating to income taxes of members of Armed forward a Herculian effort to redevelop (2) EFFECTIVE DATE.—This subsection shall Forces and victims of certain terrorist at- apply to payments made after December 31, the region, with nearly 1,000 new jobs tacks on death) is amended by adding at the 2002. at the Loring Commerce Center alone— end the following new paragraph: Aroostook County is still experiencing ‘‘(5) RELIEF WITH RESPECT TO ASTRO- By Ms. SNOWE (for herself and a significant ‘‘job deficit’’, and as a re- NAUTS.—The provisions of this subsection shall apply to any astronaut whose death oc- Ms. COLLINS): sult continues to lose population at an curs in the line of duty, except that para- S. 299. A bill to modify the bound- alarming rate. Since its peak in 1960, graph (3)(B) shall be applied by using the aries for a certain empowerment zone northern Maine’s population has de- date of the death of the astronaut rather designation; to the Committee on Fi- clined by 30 percent to its current level than September 11, 2001.’’. nance. of 76,330. Unfortunately, the Main (2) CONFORMING AMENDMENTS.— Ms. SNOWE. Mr. President, I rise State Planning Offset predicts that (A) Section 5(b)(1) of such Code is amended today to introduce legislation to help Aroostook County will continue losing by inserting ‘‘, astronauts,’’ after ‘‘Forces’’. reverse the devastating population de- population as more workers leave the (B) Section 6013(f)(2)(B) of such Code is cline and economic distress that has amended by inserting ‘‘, astronauts,’’ after area to seek opportunities and higher ‘‘Forces’’. plagued individuals and businesses in wages in southern Maine and the rest (3) CLERICAL AMENDMENTS.— Maine’s northernmost county. Aroos- of New England. (A) The heading of section 692 of such Code took County. What the bill does is sim- In January 2002, a portion of Aroos- is amended by inserting ‘‘, ASTRONAUTS,’’ ple, it will bring all of Aroostook Coun- took County was one of two regions after ‘‘FORCES’’. ty under the Empowerment Zone pro- that received Empowerment Zone sta- (B) The item relating to section 692 in the gram. tus from the USDA for out-migration. table of sections for part II of subchapter J To fully grasp the importance of this The entire county experienced an out- of chapter 1 of such Code is amended by in- legislation, it is necessary to under- migration of 15 percent from 86,936 in serting ‘‘, astronauts,’’ after ‘‘Forces’’. stand the unique situation facing the (4) EFFECTIVE DATE.—The amendments 1990 to 76,330 in 2000. Moreover, a made by this subsection shall apply to tax- residents of Aroostook County. ‘‘The shocking 40 percent of 15 to 29-year able years beginning after December 31, 2002. County’’, as it is called by Mainers, is olds left during the last decade. (b) DEATH BENEFIT RELIEF.— a vast and remote region of Maine The current zone boundaries were (1) IN GENERAL.—Subsection (i) of section known for its expansive forest tracts chosen based on the criteria that Em- 101 of the Internal Revenue Code of 1986 (re- and rugged terrain. As the northern- powerment Zones be no larger than lating to certain death benefits) is amended most county, it shares more of its bor- 1,000 square miles, contain no more by adding at the end the following new para- der with Canada than its neighboring than 3 non-contiguous parcels, and graph: Maine counties, and has the distinction ‘‘(4) RELIEF WITH RESPECT TO ASTRO- have no more than three developable NAUTS.—The provisions of this subsection of being the largest county east of the sites greater than 2,000 acres in aggre- shall apply to any astronaut whose death oc- Mississippi River. Its geographic isola- gate. The lines drawn for the Aroos- curs in the line of duty.’’. tion is even more acute when consid- took County Empowerment Zone were (2) CLERICAL AMENDMENT.—The heading for ering that the county’s relatively considered to be the most inclusive and subsection (i) of section 101 of such Code is small population of 76,000 people are reasonable given the constraints of the amended by inserting ‘‘OR ASTRONAUTS’’ scattered throughout 6,672 square miles program. However, some of the most after ‘‘VICTIMS’’. of rural countryside. There are 208 distressed communities that have lost (3) EFFECTIVE DATE.—The amendments made by this subsection shall apply to townships in Aroostook County, how- substantial population are not in the amounts paid after December 31, 2002, with ever, well over half of the territory re- Empowerment Zone, and economic fac- respect to deaths occurring after such date. mains unorganized as forestland or wil- tors for these communities are the (c) ESTATE TAX RELIEF.— derness. same as those areas within the Em- (1) IN GENERAL.—Section 2201(b) of the In- Anyone traveling in Aroostook Coun- powerment Zone. ternal Revenue Code of 1986 (defining quali- ty can appreciate what these numbers The legislation I am introducing fied decedent) is amended by striking ‘‘and’’ cannot fully convey. Visiting many re- would provide economic development at the end of paragraph (1)(B), by striking mote communities in Aroostook Coun- opportunities to all reaches of Aroos- the period at the end of paragraph (2) and in- serting ‘‘, and’’, and by adding at the end the ty by car requires navigating long dis- took County by extending Empower- following new paragraph: tances on isolated roads, often in ment Zone status to the entire county. ‘‘(3) any astronaut whose death occurs in wintery conditions. Access by public This inclusive approach recognizes that the line of duty.’’. ground transportation is nonexistent, the economic decline and population

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A04FE6.078 S04PT1 February 4, 2003 CONGRESSIONAL RECORD — SENATE S1909 out-migration are issues that entire re- In response to these developments, the first African-American to sign a gion must confront, and, as evidenced the Northern Maine Development Com- Major League Baseball contract. That by their successful Round III EZ appli- mission and other economic develop- same year he won the National cation, they are attempting to con- ment organizations, the private busi- League’s Rookie of the Year Award. In front. I believe the challenges faced by ness sector, and community leaders in 1949, he was voted the National Aroostook County are significant, but Aroostook have joined forces to sta- League’s Most Valuable Player by the not insurmountable. This legislation bilize, diversity, and grow the area’s Baseball Writers Association, and in would make great strides in improving economy. They have attracted some 1962, he was elected to the Baseball the communities and business in north- new industries and jobs. As a native of Hall of Fame. ern Maine, and I urge my colleagues to Aroostook County, I can attest to the Jackie Robinson’s signing to the join me to support this important bill. strong community support that will Brooklyn Dodgers in 1947 is so signifi- Ms. COLLINS. Mr. President, I am ensure a successful partnership with cant because it came before the United pleased to join my colleague, Senator the U.S. Department of Agriculture. States military was desegregated, be- OLYMPIA SNOWE, in introducing legisla- Designating this region of the United fore the civil rights marches in the tion that will modify the borders of the States as an Empowerment Zone is South, and before the historic ruling in Aroostook County Empowerment Zone vital to its future economic prosperity. Brown v. The Board of Education, and to include the entire County so that However, the restriction that the Em- it engaged the American people in a the benefits of Empowerment Zone des- powerment Zone be limited to 1,000 constructive conversation about race. ignation can be fully realized in north- square miles prevents all of Aroos- Off the field Jackie Robinson was a ern Maine. took’s small rural communities from business leader, a civil rights leader, The Department of Agriculture’s Em- benefiting from this tremendous pro- and a human rights leader. As one of powerment Zone program addresses a gram. Aroostook covers some 6,672 the most popular people in America, in comprehensive range of community square miles but has a population of one poll in 1947 he finished ahead of challenges, including many that have only 74,000. Including all of the County President Harry Truman, General traditionally received little federal as- in the Empowerment Zone will guar- Dwight Eisenhower, General Douglas sistance, reflecting the fact that rural antee that parts of the County will not MacArthur, and Bob Hope, finishing problems do not come in standardized be left behind as economic prosperity only behind Bing Crosby, Jackie Robin- packages but can vary widely from one returns to the area. It does little good son encouraged the fair treatment of place to another. The Empowerment to have a company move from one all people. His ideas and principles in- Zone program represents a long-term community to another within the fluenced some of America’s greatest partnership between the federal gov- County simply to take advantage of EZ politicians, including John F. Kennedy ernment and rural communities, ten benefits. and Dwight Eisenhower. years in most cases, so that commu- America’s greatest success can only Jackie Robinson was more than a nities have enough time to implement be achieved when everyone has the op- sports hero he was an American hero. projects to build the capacity to sus- portunity to enjoy the fruits of a And it is time for Congress to recognize tain their development beyond the strong economy. It is only fair that all his heroic contributions. On January term of the partnership. An Empower- of Aroostook County’s population be 31, 2003 on what would have been Jack- ment Zone designation gives des- given the opportunity to fully benefit ie Robinson’s 84th birthday, a seminar ignated regions potential access to mil- from the Empowerment Zone Program. entitled ‘‘Red Sox Tribute to Jackie lions of dollars in federal grants for so- Robinson’’ was held at Fenway Park in cial services and community redevelop- By Mr. KERRY (for himself, Mr. Boston. During that tribute Larry ment as well as tax and regulatory re- MCCAIN, Mr. KENNEDY, Mr. Lucchino, President and CEO of the lief over a ten-year period. DASCHLE, Mr. SCHUMER, and Mr. Boston Red Sox, aptly summed up Aroostook County is the largest LIEBERMAN): Jackie Robinson’s off-field contribu- county east of the Mississippi River. S. 300. A bill to award a congressional tions to American society. He said, Yet, despite the impressive character gold medal to Jackie Robinson (post- ‘‘Martin Luther King once said that he and work ethic of its citizens, the humously), in recognition of his many could not do what he was doing unless County has fallen on hard times. The contributions to the Nation, and to ex- Jackie Robinson had done what he 2000 Census indicated a 15 percent loss press the sense of Congress that there did.’’ in population since 1990. Loring Air should be a national day in recognition I urge my colleagues to join us in Force Base, which was closed in 1994, of Jackie Robinson; to the Committee honoring this great American by co- also caused an immediate out-migra- on Banking, Housing, and Urban Af- sponsoring our bill to award him the tion of 8,500 people and a further out- fairs. Congressional Gold Medal. migration of families and businesses Mr. KERRY. Mr. President, I am I ask unanimous consent that the that depended on Loring for their cus- proud to join today with my good text of the bill be printed in the tomer base. friend Senator MCCAIN to introduce our RECORD. Unfair trade practices have also bill to award Jackie Robinson the Con- There being no objection, the bill was struck a blow to the County’s econ- gressional Gold Medal. Bestowing upon ordered to be printed in the RECORD, as omy. Aroostook shares more border Jackie Robinson this great honor rec- follows: miles with Canada than most northern ognizes not only his stunning athletic S. 300 states. It is bordered for approximately accomplishments but also his profound Be it enacted by the Senate and House of Rep- 280 miles to the west, north and east by contribution to the advancement of resentatives of the United States of America in Canada. Canadian farmers and busi- civil rights in the United States. Congress assembled, nesses have been extremely competi- Jackie Roosevelt Robinson was born SECTION 1. FINDINGS. tive in Aroostook business markets; as on January 31, 1919, in Cairo, GA and Congress makes the following findings: a result, farmers have experienced a was the youngest of 5 children. Robin- (1) Jackie Roosevelt Robinson was born on January 31, 1919, in Cairo, Georgia, and was loss in sales which has caused a drop in son attended the University of Cali- the youngest of 5 children. the potato acreage planted, additional fornia at Los Angeles where he lettered (2) Jackie Robinson attended the Univer- job loss, and still more people migrat- in football, basketball, baseball, and sity of California Los Angeles where he ing from Aroostook County. Aroos- track, and he was widely regarded as starred in football, basketball, baseball, and took’s economic situation has been fur- the finest all-around athlete at that track. His remarkable skills earned him a ther worsened by the strong value of time. After a three-year stint in the reputation as the best athlete in America. the Canadian dollar in relation to the U.S. Army, Jackie Robinson began (3) In 1947, Jackie Robinson was signed by U.S. dollar and the restrictive personal playing professional baseball, at first the Brooklyn Dodgers and became the first black player to play in Major League Base- exemption duty limits that Canada im- in the American Negro League. Then in ball. His signing is considered one of the poses on its citizens when they make 1947, in a historic move that ended dec- most significant moments in the history of shopping trips to U.S. businesses on ades of discrimination against blacks professional sports in America. For his re- the border. in baseball, Jackie Robinson became markable performance on the field in his

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first season, he won the National League’s (1) there should be designated a national S. RES. 42 Rookie of the Year Award. day for the purpose of recognizing the ac- Resolved, That— (4) In 1949, Jackie Robinson was voted the complishments of Jackie Robinson; and (a) S. 279, entitled ‘‘A bill for the relief of National League’s Most Valuable Player by (2) the President should issue a proclama- the heirs of Clark M. Beggerly, Sr., of Jack- the Baseball Writers Association of America. tion calling on the people of the United son County, Mississippi’’ now pending in the (5) In 1962, Jackie Robinson was elected to States to observe the day with appropriate Senate, together with all the accompanying the Baseball Hall of Fame. ceremonies and activities. papers, is referred to the chief judge of the (6) Although the achievements of Jackie f United States Court of Federal Claims; and Robinson began with athletics, they widened (b) the chief judge shall— to have a profound influence on civil and SUBMITTED RESOLUTIONS— (1) proceed according to the provisions of human rights in America. MONDAY, FEBRUARY 4, 2003 sections 1492 and 2509 of title 28, United (7) The signing of Jackie Robinson as the States Code; and first black player in Major League Baseball (2) report back to the Senate, at the ear- occurred before the United States military SENATE RESOLUTION 41—HON- liest practicable date, providing— was desegregated by President Harry Tru- ORING THE MISSION OF THE (A) such findings of fact and conclusions man, before the civil rights marches took SPACE SHUTTLE COLUMBIA that are sufficient to inform Congress of the place in the South, and before the Supreme nature, extent, and character of the claim Mr. FRIST (for himself, Mr. DASCHLE, Court issued its historic ruling in Brown v. for compensation referred to in such bill as a Board of Education, 347 U.S. 483 (1954). Mr. MCCONNELL, Mr. REID, Mr. AKAKA, legal or equitable claim against the United (8) The American public came to regard Mr. ALEXANDER, Mr. ALLARD, Mr. States or a gratuity; and Jackie Robinson as a person of exceptional ALLEN, Mr. BAUCUS, Mr. BAYHO, Mr. (B) the amount, if any, legally or equitably fortitude, integrity, and athletic ability so BENNETT, MR. BIDEN, Mr. BINGAMAN, due from the United States to the heirs of rapidly that, by the end of 1947, he finished Mr. BOND, Mrs. BOXER, Mr. BREAUX, Clark M. Beggerly, Sr., of Jackson County, ahead of President Harry Truman, General Mr. BROWNBACK, Mr. BUNNING, Mr. Mississippi. Dwight Eisenhower, General Douglas Mac- Arthur, and Bob Hope in a national poll for BURNS, Mr. BYRD, Mr. CAMPBELL, Ms. the most popular person in America, fin- CANTWELL, Ms. CARPER, Mr. CHAFEE, SENATE RESOLUTION 43—TO ishing only behind Bing Crosby. Mr. CHAMBLISS, Mrs. CLINTON, Mr. COMMEND DANIEL W. PELHAM (9) Jackie Robinson was named vice presi- COCHRAN, Mr. COLEMAN, Ms. COLLINS Mr. FRIST (for himself and Mr. dent of Chock Full O’ Nuts in 1957 and later Mr. CONRAD, Mr. CORNYN, Mr. CORZINE, DASCHLE) submitted the following reso- co-founded the Freedom National Bank of Mr. CRAIG, Mr. CRAPO, Mr. DAYTON, Mr. lution; which was considered and Harlem. DEWINE, Mr. DODD, Mrs. DOLE, Mr. (10) Leading by example, Jackie Robinson agreed to: DOMENICI, Mr. DORGAN, Mr. DURBIN, Mr. influenced many of the greatest political S. RES. 43 EDWARDS, Mr. ENSIGN, Mr. ENZI, Mr. leaders in America. Whereas Daniel W. Pelham became an em- (11) Jackie Robinson worked tirelessly FEINGOLD, Mrs. FEINSTEIN, Mr. FITZ- ployee of the Senate of the United States on with a number of religious and civic organi- GERALD, Mr. GRAHAM of Florida, Mr. March 25, 1968, and since that date has ably zations to better the lives of all Americans. GRAHAM of South Carolinae, Mr. and faithfully upheld the high standards and (12) The life and principles of Jackie Rob- GRASSLEY, Mr. GREGG, Mr. HAGEL, Mr. traditions of the staff of the Senate of the inson are the basis of the Jackie Robinson HARKIN, Mr. HATCH, Mr. HOLLINGS, Mrs. United States for a period that included Foundation, which keeps his memory alive HUTCHISON, Mr. INHOFE, Mr. JEFFORDS, nineteen Congresses; by providing children of low-income families Mr. JOHNSON, Mr. KENNEDY, Mr. KERRY, Whereas Daniel W. Pelham, through his with leadership and educational opportuni- diligence and loyalty, has risen to the posi- Mr. KOHL, Mr. KYL, Ms. LANDRIEU, Mr. ties. tion of Senior Offices Services Administrator (13) The legacy and personal achievements LAUTENBERG, Mr. LEAHY, Mr. LEVIN, within the Office of the Secretary of the Sen- of Jackie Robinson, as an athlete, a business Mr. LIEBERMAN, Mrs. LINCOLN, Mr. ate; leader, and a citizen, have had a lasting and LOTT, Mr. LUGAR, Mr. MCCAIN, Ms. MI- Whereas Daniel W. Pelham has faithfully positive influence on the advancement of KULSKI, Mr. MILLER, Ms. MURKOWSKI, discharged the difficult duties and respon- civil rights in the United States. Mrs. MURRAY, Mr. NELSON of Florida, sibilities of his position as Senior Offices SEC. 2. CONGRESSIONAL GOLD MEDAL. Mr. NELSON of Nebraska, Mr. NICKLES, Services Administrator with great effi- (a) PRESENTATION AUTHORIZED.—The Presi- Mr. PRYOR, Mr. REED, Mr. ROBERTS, ciency, devotion, and dedication; dent is authorized to present, on behalf of Whereas he has earned the respect, affec- Mr. ROCKEFELLER, Mr. SANTORUM, Mr. Congress, to the family of Jackie Robinson, tion, and esteem of the United States Sen- a gold medal of appropriate design in rec- SARBANES, Mr. SCHUMER, Mr. SESSIONS, ate; and ognition of the many contributions of Jackie Mr. SHELBY, Mr. SMITH, Ms. SNOWE, Mr. Whereas Daniel W. Pelham will retire from Robinson to the Nation. SPECTER, Ms. STABENOW, Mr. STEVENS, the Senate of the United States on February (b) DESIGN AND STRIKING.—For purposes of Mr. SUNUNU, Mr. TALENT, Mr. THOMAS, 4, 2003, after nearly thirty-five years of em- the presentation referred to in subsection Mr. VOINOVICH, Mr. WARNER, and Mr. ployment: Now, therefore, be it (a), the Secretary of the Treasury (in this WYDEN) submitted the following reso- Resolved, That the Senate of the United Act referred to as the ‘‘Secretary’’) shall States commends Daniel W. Pelham for his strike a gold medal with suitable emblems, lution; which was considered and agreed to: exemplary service to the Senate and the Na- devices, and inscriptions, to be determined tion, and wishes to express its deep apprecia- by the Secretary. Resolved, That the Senate commemorates tion and gratitude for his long, faithful, and SEC. 3. DUPLICATE MEDALS. with deep sorrow and regret the fate of the outstanding service. Under such regulations as the Secretary Columbia space shuttle mission and when it SEC. 2. That the Secretary of the Senate may prescribe, the Secretary may strike and adjourns today, it do so as a further mark of shall transmit a copy of this resolution to sell duplicates in bronze of the gold medal respect to the astronauts who lost their Daniel W. Pelham. struck under section 2 at a price sufficient to lives. cover the costs of the medals, including f labor, materials, dies, use of machinery, and SENATE RESOLUTION 44—DESIG- overhead expenses. STATEMENTS ON SUBMITTED NATING THE WEEK BEGINNING SEC. 4. STATUS AS NATIONAL MEDALS. RESOLUTIONS FEBRUARY 2, 2003, AS ‘‘NATIONAL The medals struck under this Act are na- SCHOOL COUNSELING WEEK’’ tional medals for purposes of chapter 51 of title 31, United States Code. SENATE RESOLUTION 42—TO Mr. GRAHAM of South Carolina (for SEC. 5. AUTHORIZATION OF APPROPRIATIONS. REFER S. 279, ENTITLED ‘‘A BILL himself, Mr. DORGAN, MS. MURKOWSKI, (a) AUTHORIZATION OF APPROPRIATIONS.— FOR THE RELIEF OF THE HEIRS Mr. BIDEN, and Mr. REED) submitted There is authorized to be charged against the OF CLARK M. BEGGERLY, SR., OF the following resolution; which was re- United States Mint Public Enterprise Fund JACKSON COUNTY, MISSISSIPPI’’ ferred to the Committee on the Judici- an amount not to exceed $30,000 to pay for ary: the cost of the medal authorized under sec- TO THE CHIEF JUDGE OF THE tion 2. UNITED STATES COURT OF FED- S. RES. 44 (b) PROCEEDS OF SALE.—Amounts received ERAL CLAIMS FOR A REPORT Whereas the American School Counselor from the sale of duplicate bronze medals THEREON Association has declared the week beginning under section 3 shall be deposited in the February 2, 2003, as ‘‘National School Coun- United States Mint Public Enterprise Fund. Mr. COCHRAN submitted the fol- seling Week’’; SEC. 6. SENSE OF CONGRESS. lowing resolution; which was referred Whereas the Senate has recognized the im- It is the sense of Congress that— to the Committee on the Judiciary: portance of school counseling through the

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A04FE6.096 S04PT1 February 4, 2003 CONGRESSIONAL RECORD — SENATE S1911 inclusion of elementary and secondary [email protected]. The PRESIDING OFFICER. Without school counseling programs in the reauthor- For further information, please con- objection, it is so ordered. ization of the Elementary and Secondary tact Jennifer Owen at 202–224–5305. The nominations were considered and Education Act of 1965; confirmed en bloc as follows: Whereas school counselors have long advo- COMMITTEE ON ENERGY AND NATURAL DEPARTMENT OF DEFENSE cated that the American education system RESOURCES must leave no child behind and must provide Mr. DOMENICI: Mr. President, I Paul McHale, of Pennsylvania, to be an As- opportunities for every student; would like to announce for the infor- sistant Secretary of Defense. Christopher Ryan Henry, of Virginia, to be Whereas personal and social growth results mation of the Senate and the public Deputy Under Secretary of Defense for Pol- in increased academic achievement; that the following hearings have been icy. Whereas school counselors help develop scheduled before the Committee on En- f well-rounded students by guiding them ergy and Natural Resources. through their academic, personal, social, and LEGISLATIVE SESSION career development; Thursday, February 13 at 2:30 p.m. in Whereas school counselors were instru- Room SD–366—to receive testimony re- The PRESIDING OFFICER. The Sen- mental in helping students, teachers, and garding oil supply and prices. (Contact: ate will now return to legislative ses- parents deal with the trauma of terrorism Scott O’Malia at 202–224–2039 or Jen- sion. inflicted on the United States on September nifer Owen at 202–224–5305) f 11, 2001, and its aftermath; Tuesday, February 25 at 2:30 p.m. in Whereas students face myriad challenges Room SD–366—To receive testimony re- COMMENDING DANIEL W. PELHAM every day, including peer pressure, depres- garding natural gas supply and prices. Mr. ALLEN. Mr. President, I ask sion, and school violence; (Contact: Scott O’Malia at 202–224–2039 unanimous consent that the Senate Whereas school counselors are usually the proceed to the immediate consider- only professionals in a school building that or Shane Perekins 202–224–1219) are trained in both education and mental Thursday, February 25 at 10:00 a.m. ation of S. Res. 43, which was intro- health; in Room SD–366—To receive testimony duced earlier today by Majority Leader Whereas the roles and responsibilities of regarding energy production on Fed- FRIST. school counselors are often misunderstood, eral lands. (Contact: Dick Bouts at 202– The PRESIDING OFFICER. The and the school counselor position is often 224–7545 or Jared Stubbs at 202–224–7556) clerk will report the resolution by among the first to be eliminated in order to Tuesday, March 4 at 10:00 a.m. in title. meet budgetary constraints; Room SD–366—To receive testimony re- The legislative clerk read as follows: Whereas the national average ratio of stu- garding the financial condition of the A resolution (S. Res. 43) to commend Dan- dents to school counselors of 561 to 1 is more iel W. Pelham. electricity market. (Contact: Lisa than double the 250 to 1 ratio recommended There being no objection, the Senate by the American School Counselor Associa- Epifani at 202–224–5269 or Shane tion, the American Counseling Association, Parkins at 202–224–1219) proceeded to consider the resolution. Mr. FRIST. Mr. President, only four the American Medical Association, the Thursday, March 6 at 10:0 a.m. in of the Senate’s current members were American Psychological Association, and Room SD–366—To receive testimony re- serving on March 25, 1968, when Daniel other organizations; and garding energy use in the transpor- Pelham first came to work on the Sen- Whereas the celebration of ‘‘National tation sector. (Contact: Bryan School Counseling Week’’ would increase ate side of Capitol Hill. Mr. Pelham—or Hannegan at 202–224–7932 or Shane Per- awareness of the important and necessary Danny, as he is known throughout the kins at 202–224–1219) role school counselors play in the lives of the Senate community—has seen 237 sen- Tuesday, March 11 at 10:00 a.m. in Nation’s students: Now, therefore be it ators come and go during his time Resolved, Room SD–366—To receive testimony re- here. SECTION 1. DESIGNATION OF NATIONAL SCHOOL garding Federal programs for energy Now, after nearly 35 years on the job, COUNSELING WEEK. efficiency and conservation. (Contact: (a) SENSE OF THE SENATE.—It is the sense Danny has decided that it is time for Bryan Hannegan at 202–224–7932 or him to move on to other activities. of the Senate that the President should des- Shane Perkins at 202–224–1219) ignate the week beginning February 2, 2003, A native of Wilmington, NC, Danny as ‘‘National School Counseling Week’’. Because of the limited time available Pelham quickly demonstrated his tal- (b) PROCLAMATION.—The Senate requests for the hearings, witnesses may testify ents as an effective, loyal, and hard- the President to issue a proclamation— by invitation only. However, those working employee. In 1975, he moved (1) designating the week beginning Feb- wishing to submit written testimony from the staff of the Senate Restaurant ruary 2, 2003, as ‘‘National School Counseling for the hearing record should send a to the Office of the Secretary of the Week’’; and copy of their testimony electronically Senate. A series of well-deserved pro- (2) calling on the people of the United to: motions followed until he reached his States and interested groups to observe the Jennifer [email protected]. week with appropriate ceremonies and ac- l current position as Senior Office Serv- tivities that promote awareness of the role For further information, please con- ices Administrator. school counselors perform within the school tact the Committee staff as indicated One of his colleagues recently ex- and the community at large to prepare stu- above for each hearing. plained that ‘‘by virtue of his longevity dents for fulfilling lives as contributing f and institutional knowledge, Pelham is members of society. indispensable to the staff who rely on EXECUTIVE SESSION f him for all manner of tasks.’’ Another NOTICES OF HEARINGS/MEETINGS person will move into Danny’s job, but EXECUTIVE CALENDAR no one will fully replace him. COMMITTEE ON ENERGY AND NATURAL In his off-hours, Danny officiates at RESOURCES Mr. ALLEN. Mr. President, I ask high school and recreational league Mr. DOMENICI: Mr. President, I unanimous consent that the Senate basketball games. Several years ago, would like to announce for the infor- proceed to executive session to con- he received the Cardinal Basketball As- mation of the Senate and the public sider the following nominations on the sociation Commissioner’s Award for ex- that a hearing has been scheduled be- Executive Calendar: No. 22, Paul cellence in officiating. In the years fore the Committee on Energy and Nat- McHale, to be Assistant Secretary of ahead, he plans to do more officiating ural Resources to consider the nomina- Defense; and No. 23, Christopher Henry, and a fair amount of traveling. tion of Joseph T. Kelliher to be a Mem- to be Deputy Under Secretary of De- We know, for certain, that Danny ber of the Federal Energy Regulatory fense for Policy; I further ask consent Pelham will settle into another highly Commission. that the nominations be confirmed, the rewarding activity—that of spending The hearing is scheduled for Tuesday, motions to reconsider be laid upon the enjoyable hours with his grandson February 11 at 2:30 p.m. in Room SH– table, the President be immediately Corey. We wish Danny and his wife 216 of the Hart Senate Office Building. notified of the Senate’s action, any Phyllis many happy years ahead. Those wishing to submit written tes- statements relating to the nominations Mr. ALLEN. Mr. President, I ask timony for the hearing record should be printed in the RECORD, and that the unanimous consent that the resolution send a copy of their testimony elec- Senate then resume legislative session, and the preamble be agreed to, the mo- tronically to: with all of the above occurring en bloc. tion to reconsider be laid upon the

VerDate Dec 13 2002 06:00 Feb 05, 2003 Jkt 019060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A04FE6.102 S04PT1 S1912 CONGRESSIONAL RECORD — SENATE February 4, 2003 table, and any statements regarding ORDERS FOR WEDNESDAY, NOMINATIONS the resolution be printed in the FEBRUARY 5, 2003 Executive nominations received by RECORD. Mr. ALLEN. Mr. President, I ask the Senate February 4, 2003: The PRESIDING OFFICER. Without unanimous consent that when the Sen- TENNESSEE VALLEY AUTHORITY objection, it is so ordered. ate completes its business today, it RICHARD W. MOORE, OF ALABAMA, TO BE INSPECTOR The resolution (S. Res. 43) was agreed stand in adjournment until 9:30 a.m., GENERAL, TENNESSEE VALLEY AUTHORITY. (NEW POSI- to. Wednesday, February 5. I further ask TION) The preamble was agreed to. unanimous consent that on Wednesday, DEPARTMENT OF JUSTICE The resolution, with its preamble, following the prayer and pledge, the PETER JOSEPH ELLIOTT, OF OHIO, TO BE UNITED morning hour be deemed expired, the STATES MARSHAL FOR THE NORTHERN DISTRICT OF reads as follows: OHIO FOR THE TERM OF FOUR YEARS, VICE DAVID WIL- Journal of proceedings be approved to LIAM TROUTMAN. S. RES. 43 date, the time for the two leaders be DEPARTMENT OF STATE Whereas Daniel W. Palham became an em- reserved for their use later in the day, ployee of the Senate of the United States on JOSEPH LEBARON, OF OREGON, A CAREER MEMBER OF and there then be a period of morning THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- March 25, 1968, and since that date has ably business until 12:30 p.m. with the time COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND and faithfully upheld the high standards and PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA traditions of the staff of the Senate of the equally divided between the two lead- TO THE ISLAMIC REPUBLIC OF MAURITANIA. United States for a period that included ers or their designees. DEPARTMENT OF THE INTERIOR I further ask unanimous consent that nineteen Congresses; ROSS OWEN SWIMMER, OF OKLAHOMA, TO BE SPECIAL Whereas Daniel W. Pelham, through his the Senate stand in recess from 12:30 to TRUSTEE, OFFICE OF SPECIAL TRUSTEE FOR AMERICAN 2:15 p.m. tomorrow for the weekly INDIANS, DEPARTMENT OF THE INTERIOR, VICE THOMAS diligence and loyalty, has risen to the posi- N. SLONAKER, RESIGNED. tion of Senior Offices Services Administrator party lunches. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION within the Office of the Secretary of the Sen- The PRESIDING OFFICER. Without ate; objection, it is so ordered. ERIC S. DREIBAND, OF VIRGINIA, TO BE GENERAL COUNSEL OF THE EQUAL EMPLOYMENT OPPORTUNITY Whereas Daniel W. Pelham has faithfully f COMMISSION FOR A TERM OF FOUR YEARS, VICE discharged the difficult duties and respon- CLIFFORD GREGORY STEWART. PROGRAM sibilities of his position as Senior Offices NATIONAL FOUNDATION ON THE ARTS AND THE Services Administrator with great effi- Mr. ALLEN. For the information of HUMANITIES ciency, devotion, and dedication; Senators, tomorrow the Senate will be MARY COSTA, OF TENNESSEE, TO BE A MEMBER OF Whereas he has earned the respect, affec- in a period of morning business until THE NATIONAL COUNCIL ON THE ARTS FOR A TERM EX- tion, and esteem of the United States Sen- 12:30 p.m. Members who have not yet PIRING SEPTEMBER 3, 2006, VICE LUIS VALDEZ, TERM EX- ate; and PIRED. had the opportunity to make state- MAKOTO FUJIMURA, OF NEW YORK, TO BE A MEMBER Whereas Daniel W. Pelham will retire from ments regarding the Columbia tragedy OF THE NATIONAL COUNCIL ON THE ARTS FOR A TERM the Senate of the United States on February EXPIRING SEPTEMBER 3, 2008, VICE MARSHA MASON, are encouraged to do so tomorrow TERM EXPIRED. 4, 2003, after nearly thirty-five years of em- JERRY PINKNEY, OF NEW YORK, TO BE A MEMBER OF ployment: morning. I would expect that on THE NATIONAL COUNCIL ON THE ARTS FOR A TERM EX- Now, therefore, be it Wednesday, the Senate will consider a PIRING SEPTEMBER 3, 2008, VICE JOY HARJO, TERM EX- PIRED. Resolved, That the Senate of the United resolution related to the Shuttle Co- KAREN LIAS WOLFF, OF MICHIGAN, TO BE A MEMBER States commends Daniel W. Pelham for his lumbia. OF THE NATIONAL COUNCIL ON THE ARTS FOR A TERM As a reminder, under a previous EXPIRING SEPTEMBER 3, 2008, VICE JOAN SPECTER, TERM exemplary service to the Senate and the Na- EXPIRED. tion, and wishes to express its deep apprecia- agreement, the Senate will proceed to DEPARTMENT OF ENERGY tion and gratitude for his long, faithful, and the consideration of the nomination of outstanding service. Miguel Estrada for the DC Court of Ap- LINTON F. BROOKS, OF VIRGINIA, TO BE UNDER SEC- RETARY FOR NUCLEAR SECURITY, DEPARTMENT OF EN- SEC. 2. That the Secretary of the Senate peals tomorrow at 2:15 p.m. ERGY, VICE GENERAL JOHN A. GORDON, USAF, RE- shall transmit a copy of this resolution to Members, therefore, should antici- SIGNED. Daniel W. Pelham. pate the possibility of votes during to- DEPARTMENT OF DEFENSE morrow’s session. STEPHEN A. CAMBONE, OF VIRGINIA, TO BE UNDER f SECRETARY OF DEFENSE FOR INTELLIGENCE. (NEW PO- f SITION) ADJOURNMENT UNTIL 9:30 A.M. APPOINTMENT TOMORROW f The PRESIDING OFFICER. The Mr. ALLEN. If there is no further CONFIRMATIONS Chair, on behalf of the Vice President, business to come before the Senate, I pursuant to the order of the Senate of ask unanimous consent that the Sen- Executive nominations confirmed by January 24, 1901, as modified by the ate stand in adjournment under the the Senate February 4, 2003: order of January 30, 2003, appoints the previous order. DEPARTMENT OF DEFENSE Senator from Georgia (Mr. CHAMBLISS) There being no objection, the Senate, PAUL MCHALE, OF PENNSYLVANIA, TO BE AN ASSIST- to read Washington’s Farewell Address ANT SECRETARY OF DEFENSE. at 6:23 p.m., adjourned until Wednes- CHRISTOPHER RYAN HENRY, OF VIRGINIA, TO BE DEP- on Monday, February 24, 2003. day, February 5, 2003, at 9:30 a.m. UTY UNDER SECRETARY OF DEFENSE FOR POLICY.

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